Page:The Constitutions and Other Select Documents Illustrative of the History of France, 1789-1907, Second Edition, Revised and Enlarged.pdf/309

Rh 71. Ministers accused of private crimes involving afflictive or ignominious punishment are considered as members of the Council of State.

72. The ministers are responsible: 1st, for every act of the government signed by them and declared unconstitutional by the Senate; 2d, for the non-execution of the laws and regulations of the public administration; 3d, for the special orders which they have given, if these orders are contrary to the constitution, the laws, or the regulations.

73. In the case of the preceding article, the Tribunate accuses the minister by an act upon which the Legislative Body deliberates in the usual forms, after having heard or summoned the accused. The minister placed on trial by a decree of the Legislative Body is tried by a high court, without appeal and without recourse in cassation.

The high court is composed of judges and jurors. The judges are chosen by the tribunal of cassation and from its own body; the jurors are taken from the national list: the whole following the forms which the law determines.

74. Civil and criminal judges are prosecuted for crimes connected with their duties before the tribunals to which that of cassation sends them, after having annulled their acts.

75. The agents of the government, other than the ministers, cannot be prosecuted for acts relating to their duties except by virtue of a decision of the Council of State; in that case the prosecution takes place before the ordinary tribunals.

Title VII. General Provisions.

76. The house of every person dwelling upon French soil is an inviolable asylum.

During the night no one has the right to enter it except in case of fire, inundation, or a call coming from the interior of the house.

During the day it can be entered for a special purpose, determined either by law or by an order issued by a public authority.

77. In order that the instrument which orders the arrest of a person may be executed, it is necessary: 1st, that it set forth explicitly the ground for the arrest and the law in execution of which it is ordered; 2d, that it be issued by an official to whom the law has explicitly given that power; 3d,