Page:The Constitutions and Other Select Documents Illustrative of the History of France, 1789-1907, Second Edition, Revised and Enlarged.pdf/273

Rh 261. There are before the tribunal of cassation a commissioner and substitutes appointed and removable by the Executive Directory.

262. The Executive Directory informs the tribunal of cassation, by means of its commissioner and without prejudice to the right of the interested parties, of the acts in which the judges have exceeded their powers.

263. The tribunal annuls these acts; and if they give cause for forfeiture the fact is announced to the legislative body, which renders the decree of accusation, after having heard or summoned the accused.

264. The legislative body can annul the judgments of the tribunal of cassation, reserving the personal prosecution of the judges who may have incurred forfeiture.

High Court of Justice.

265. There is a high court of justice to try the accusations accepted by the legislative body against either its own members or those of the Executive Directory.

266. The high court of justice is composed of five judges and two national accusers drawn from the tribunal of cassation and of high jurors selected by the electoral assemblies of the departments.

267. The high court of justice constitutes itself only in virtue of a proclamation of the legislative body drawn up and published by the Council of the Five Hundred.

268. It constitutes itself and holds its sittings in the place designated by the proclamation of the Council of the Five Hundred.

This place cannot be nearer than twelve myriameters to that where the legislative body resides.

269. When the legislative body has proclaimed the formation of the high court of justice, the tribunal of cassation in a public sitting draws by lot fifteen of its members; it selects in the same sitting five of these fifteen, one after another, by means of secret ballot; the five judges thus selected are the judges of the high court of justice: they choose a president from among themselves.

270. The tribunal of cassation selects by ballot, in the same sitting and by majority, two of its members to discharge