Page:Const history of France (Lockwood, 1890).pdf/326

296 The jury, which shall declare the fact, shall not be less than twelvein number. The application of the law shall be made by the judges. The proceedings shall be public, and the accused shall not bedenied the aid of counsel. He who has been acquitted by a legal verdict of the jury can notbe again put on trial or accused for the same cause. Art. io. No person can be legally arrested, except for the purposeof being brought before a police officer, and no one can be arrestedor detained, except by virtue of a warrant of a magistrate of police, on a warrant of arrest issued by a court, or a decree of accusation of the Legislative Body, in those cases in which it is allowed to issue thesame, or on a sentence of imprisonment or correctional detention. ART. ii. Every person who has been arrested and brought beforea magistrate of police, shall forthwith, or at least within twentyfourhours, be examined. If it appear upon the examination that there isno ground of accusation against the accused, he shall be set at libertyforthwith, or, if there is reason to send him to prison, he shall be takenthere within as short a time as possible, which, in no case, shall exceedthree days. Art. 12. No person arrested can be detained, if he give sufficientbail, in all cases where bail is allowed by law. Art. 13. No person, in case his detention is authorized by law, can be taken or detained anywhere except in places legally and publicly assigned as places of arrest, of justice, or of imprisonment. Art. 14. No keeper or jailor can receive or detain any person, unless by virtue of a warrant of arrest, of indictment, or judgmentmentioned in Article 10, as above, and without a transcript has beenmade of it upon his register. Art. 15. Every keeper and jailor is compelled, and no order canexempt him from it, to bring the arrested person before the civilofficer who has the police of the jail under his control, at all timeswhen this officer shall demand it. Access to the arrested person can not be denied to his relations andfriends, if they present an order of the civil officer, who is alwayscompelled to give it, unless the keeper or jailor produce an order of the judge, transcribed on his record, providing that the accused beheld in secret confinement. Art. 16. Any person, whatever may be his place or employment, other than those to whom the law gives the right of arrest, who shall