Page:Const history of France (Lockwood, 1890).pdf/327

Rh issue, sign, execute, or cause to be executed, an order of arrest of acitizen, or if any person, even in cases of authorized arrests by law, shall bring, receive, or detain a citizen in a place ot detention notpublicly and legally assigned as such, and all keepers and jailors whoshall violate the provisions of Articles 14 and 15, as above, shall beguilty of the crime of arbitrary arrest. Art. 17. No person can be arrested or prosecuted by reason ofwritings he shall have caused to be printed cr published upon anysubject whatever, unless with the design to provoke the disobedienceof the law, the disgrace of the constituted authorities, the resistanceto their acts, or certain acts declared crimes and misdemeanors by law. Censure upon the acts of the constituted powers is permitted, butvoluntary calumnies against the probity of public functionaries andthe integrity of their intentions in the exercise of their functions, maybe prosecuted by those who are the object of the attacks. Art. 18. No one may be judged, either in a civil or criminal way, for written, printed, or published facts, unless a jury has recognizedand declared that there is a crime in the writing complained of, andthat the person prosecuted is guilty. Art. 19. There shall be a Court of Cassation, established near theLegislative Body, for the whole kingdom. It shall have the followingjurisdiction:Upon appeals from judgments rendered in other courts; on application for removal of cases from one court to ano. her, by reason oflawful prejudice; on orders of judges, or on complaint against a wholecourt. Art. 20. In matters of appeal, the Tribunal of Cassation shall notexamine the main subject of the lawsuit; but, after having annulled thejudgment which shall have been rendered in a proceeding in whichforms shall have been violated, or which shall contain an expresscontravention of the law, it shall send the main subject of the actionto a court which has jurisdiction over it. Art. 21. If, after two appeals, the judgment of the third tribunalshall be attacked by the same legal means as in the first two actions, the question can no more be acted on by the Court of Cassation, without having been submitted to the Legislative Body, which shall pass adecree declaring a law by which the Court of Cassation shall be governed. Art. 22. The Tribunal of Cassation shall send, every year, to thebar of the Legislative Body a deputation of eight of its members, which