Page:Const history of France (Lockwood, 1890).pdf/325

Rh CHAPTER V. OF THE JUDICIAL POWER. Article i. The judicial power can neither be exercised by theLegislative Body nor by the King. Art. 2. Justice shall be rendered, without pay, by the judges electedat stated times, by the people, instituted by letters patent of the King, who can not refuse them. They can be removed only on account of crimes of which they havelegally been found guilty, and can be suspended only by virtue of anaccepted accusation. The public prosecutor shall be named by the people. Art. 3. The judges can not interfere with the exercise of the legislative power, nor suspend the execution of the law, nor interfere withadministrative functions, nor summon before them the administrators, in regard to the functions of their office. Art. 4. No citizens can be separated from the judges who havebeen assigned to them by law, by any commission, in any other waywhich is not pointed out by law. Art. 5. The right of citizens definitively to terminate their controversies by arbitrations can not be taken away by any act of the legislative power. Art. 6. The ordinary tribunals can not determine any civil action, except it is authenticated to them that the parties have appeared, orthat the plaintiff has cited the adverse party before the arbitrators inorder to arrive at a settlement. Art. 7 There shall be one or several justices of the peace in thecantons and in the cities; their number shall be determined by thelegislative power. Art. 8. It belongs to the legislative power to regulate their numberand the jurisdiction of the tribunals, and the number of judges ofwhich each tribunal shall be composed. Art. 9. In regard to crimes, no citizen can be prosecuted, exceptby virtue of an accusation preferred by a jury, or passed by the legislative body in cases where the latter has the right to pass thesame. After an accepted accusation, the fact shall be recognized anddeclared by a jury. The accused has the right, without assigning reasons, to reject atleast twenty of the jurors.