The Malta Independent 14 May 2024, Tuesday
View E-Paper

A Maltese biography: Professor of Laws Sigismondo Dimech (1803-1880)

Malta Independent Monday, 25 February 2013, 10:28 Last update: about 11 years ago

The Dimech family in Malta is very much associated with fine sculptors.  This distinguishing element in the family name has run quite strongly since the birth of Vincenzo Dimech (1768-1831).

Vincenzo Dimech was born in Valletta on 29 June, 1768. Vincenzo Dimech’s father, Francesco was also a sculptor and his son’s mentor.  After receiving much training under his father, Vincenzo continued with his studies in Naples’ (Scuola delle Belle Arte).

Vincenzo Dimech distinguished himself as one of the leading sculptors of Malta during the mid-19th Century.  He was assigned some of the most important artistic works by both the civil and ecclesiastical authorities of his time. Vincenzo’s cousin, Sigismondo Dimech (1780-1853) hailed from Hal-Lija and amongst his many students one finds Salvu Dimech (1805-1887), another famous sculptor, known as is-Sartx, who is known to have hailed from Mosta and was brought up in Hal-Lija and was also a shepherd.

Ferdinando Dimech, (1808) was also a well-known sculptor who used Maltese limestone (Tal-Franka) as a raw material in his sculptures.  According to Il Mediterraneo, 27 March 1839, the Queen Mother paid a visit to Dimech’s Studio and purchased a number of his works.  During an exhibition in London during 1859 at Crystal Palace, Ferdinando Dimech, together with other local artists, displayed his works carved out Maltese stone.  Ferdinando’s studio was situated at Old Theatre Street, Valletta.

Vincenzo Dimech married Saveria Mathea de Marco on 1 June, 1802 and is the father of Professor of Law, Sigismondo Dimech.  Vincenzo Dimech died on 2 February, 1831 at Valletta and was buried at the Church of St. Theresa,  Cemetery, Cospicua.  He was survived by ‘un figlio degno di lui, che preferendo la Scienza all’Arte e’ oggi si’ caro ornamento alla patria giurisprudenza’.    This was part of the obituary of Vincenzo Dimech and a direct reference to his son, Sigismondo Dimech who had broken the family tradition of the sculptor profession and was studying Law. 

Sigismondo graduated as Doctor of Laws and eventually was a respected and well-known legal figure at the Royal University of Malta and the   Courts of Law in Malta.  He was Professor of Civil Law and Canon Law at the Royal University of Malta.  His publications are Commenti sulle Ordinanze (1857) and Dei Contratti (1861). The books are in the Italian language because before the British arrived in Malta, the Island was to a large extent a cultural and historical extension of Italy and the official language in the Courts of Law was Italian.

The following publications by Dr Sigismondo Dimech are found at the National Library of Malta: 

Commenti Sulla Ordinanza XI Del 1856: Statuto del Governatore di Malta col parere e consenso del Consiglio di Governo della medesima.  Per emendare e consolidare le legge relative alla causa di prelazione fra i creditori promolgata col proclama No V del 22 Giugno1857, 225 pages, Paolo Cumbo Printing Press, 1857, Valletta

Dei Contratti e delle Obbligazione in Generale  ovvero espozione del Ordinanza No. V del 1859 col confronto delle Romani Legge, 583 pages, Paolo Cumbo Printing Press, 1861, Valletta

 

The Maltese legal system has a very long and rich tradition boasting of some of the most distinguished jurists and legislators on the Continent.  Throughout the centuries Malta experienced the domination of the Phoenicians, the Carthaginians, the Romans, the Arabs, the Normans, the Knights of St. John, the French and the British.

Each domination has left its mark on Maltese legislation and provided a source of legislation.  Roman Law, Sicilian Law, Canon Law, the Manoel Code, the De Rohan Code, and the Code Napoleon have largely  influenced Maltese legislation. Successive dominations ordered radical reforms in various legislations and several commissions were appointed for this purpose and the results of these exercises were embodied in Maltese Laws.  Each new law set to define new requisites in the light of the changing circumstances prevailing under that domain. 

 

For example, the Portuguese Grandmaster Fra Don Anton Manoel de Vilhena ordered a reform to Maltese legislation in 1723 and issued the famous Manoel Code, which embodied laws dealing with public, civil, criminal, judicial, police and commercial regulations.  French Grandmaster Fra Emmanuel Marie de Rohan Polduc amended this Code and issued in 1784 in his Diritto Municipale di Malta (also known as the De Rohan Code) wherein he organised the administration of justice.

Roman law forms the main source of Maltese legislation.  This has been reshaped and modified by English principles.  With the coming of the British and the abolishment of the Universita’ in the administration of the country, legislation was extended and remodelled along modern lines and several Ordinances were issued by the successive Governors.

During this period no Civil Code as such was ever drawn up and Sir Adrian Dingli who was Crown Advocate, drafted Ordinances, which were approved by the Council of Government.  These Ordinances dealt with the law of things and the law of persons, together with other subsequent ones, was consolidated by Statute Law Revision Commission 1942 and became our Civil Code.

Professor Dimech’s publications provided an interesting and useful review on the Ordinance XI of 1856 and Ordinance V of 1859 for legal experts and the reader in general, and were in themselves of textbook value to his students in law. The Ordinance of 1856 (Of Contracts in General) embodied all the Law of contracts in general and by Article 33, it is provided that transfers of immovable do not take effect as regards third parties before the respective contracts are registered in the Public Registry Office.  That provision coupled with those of Ordinance XI and Ordinance XII of 1856 completed the system of a Public Registry of all transactions in respect of immovable property.

In his introduction to his book ‘Comments on Ordinance V of 1859’, Professor Dimech lays emphasis of the importance of having such a book to help his students cover the syllabus of the legal course for the academic year 1858-1862. The books provide for a better understanding of contractual obligations and of the rights and duties of creditors both in the civil and commercial fields.

The University of Malta is one of the most prestigious and oldest educational institutions in Europe enjoying worldwide reputation. The University has its roots in the opening of the College of the Society of Jesus in 1595.  This College was empowered by the Grand Master Manoel de Vilhena to confer Academic Degrees, Diplomas and Certificates to students who were attached to the Hospital of the Knights, known as the ‘Sacra Infermeria’, but was officially instituted when the Jesuits left Malta in 1769.During the 19th Century, a General Council made up of 40 members was set up.  This was reformed in 1836 and a Statute of the University was published regulating the courses of the four Faculties; Arts, Medicine, Jurisprudence and Theology.

During 1856, there were 134 students at the University and admission took place every 3rd year.  All examinations except those of theology took place every year.  The courses in each 4 faculties to obtain a Degree was four years and candidates for academic degrees were examined at the end of each scholastic year in each faculty by 3 Special Examiners and on passing the 4th examination, they obtained the Degree.

Professor Sigismondo Dimech’s first appointment as an employee under the Colonial Government was 22 December, 1824 and the date of appointment at the Royal University of Malta was 1 January, 1839.  His annual salary was £160 per annum.  Comparing this salary with that of the Rector of the University which was £300, it was quite a good salary for those days.  Professor Dimech never practised the legal profession as he specialised as a lecturer.

The other Professor of Laws at the University at the time was Dr. Ferdinando Caruana Dingli LL.D., who like Professor Dimech was appointed on 1 January, 1839 whilst his first date of appointment at the University was 27 April, 1835.  According to University Calendars dating from 1835 to 1880, Professor Dimech taught Law for the said period of 45 years.  Amongst his most distinguished students were Dr. Paolo Nani, Adrian Dingli (later Sir) and Ignatius Falzon (later Venerable, now Blessed).  Professor Dimech continued lecturing until he died aged 77 years. 

 

He also occupied the following University posts:

 

Master of the School of Humanity from 22 December,  1824 to 12 October, 1832

Professor of Canon Law from 13 October, 1832 to 31 December, 1838

Professor of Civil Law from  1 June, 1839 to 31 August, 1880

 

Professor Dimech was also appointed to serve as member of several Committees to contribute with his participation at the meetings of the same.   The following are Professor’s Dimech’s membership on the following   Committees taken for the years 1856 to 1870:

Malta Public Library Committee, (1856/57).  This Committee was set up under Government Notice of 12 January, 1852

General Council of the University, (1857/1858/1859/1860).  This Council was presided over by the Rector of the University and consisted of a committee that was generally formed of two non-professional members in each faculty and of one professor attached to the same.

Special Council of Laws, (1856/1857/1859/1860).  This was presided over by the Rector and consisted of two members not being professionals, two professors and a third member not being a Professor for the exams.

Giunta Teatrale, (1869-70).  This was the Theatre Committee of the Royal Opera House.  The other members composing this Committee were Baron Augusto Testaferrata Abela, and Capt. George Uchter Knox R.A (Royal Artillery).

 

Sigismondo Dimech was married to Giovanna Grech on 23 June 1826.  Sigismondo’s son, Gaetano married Emilia Vella on 29 June, 1851 and from this marriage the Dimechs had three daughters and a son; Virginia, Ethelburga, Elvira (the three daughters were known as le tre grazie) and Gaetano.  Elvira married Dr Raphael Azzopardi and they had two daughters, Giovanna and Fransina.

  • don't miss