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to represent it in formulating and prosecuting the charges before the Senate.

ART. 88. As soon as the House resolves to present the impeachment to the Senate or decides that charges should be formulated, the impeached minister shall be suspended from the exercise of his functions.

Such suspension shall end if the Senate shall not have pronounced its judgment within the six months after the impeachment was decided upon by the House of Deputies.

ART. 89. The Senate, acting as a jury, shall try the minister and shall confine itself to a decision as to whether he is or is not guilty of the offense or abuse of power with which he is charged.

Two-thirds of the number of senators present at the session must concur in a verdict of guilt. By virtue of such a verdict the minister shall be deprived of his office.

The minister found guilty by the Senate shall be tried according to law by the ordinary courts of competent jurisdiction, both for the application of the penalty provided for the offense committed and in order to enforce his civil responsibility for damage or injury caused to the state or to individuals.

The provisions of this article and of Arts. 86, 87, and 88 shall also be observed with respect to other impeachments which the House of Deputies may make in conformity with the provisions of clause 2 of Art. 29 of this constitution.

ART. 90. Ministers may be accused by any person on account of injury which he may have suffered unjustly through any act of the ministry. Such a complaint shall be addressed to the Senate, and that body shall decide whether or not the charge is well founded.

ART. 91. Should the Senate declare the charge well founded, the petitioner may proceed against the minister before the court of justice of competent jurisdiction.

ART. 92. The House of Deputies may impeach a minister

while in office or within six months after his retirement. During these six months the minister may not absent himself from the Republic without the permission of Congress, or during its recess, of the Executive Committee.

THE COUNCIL OF STATE

ART. 93. There shall be a Council of State composed in the following manner:

Of three councilors chosen by the Senate and three by the House of Deputies in the first regular session after each renewal of Congress, the retiring councilors being eligible for re-election. In case of the death or disability of any councilor, the proper house shall appoint another to take his place until the next election.

Of one member of the superior courts of justice, residing in Santiago.

Of one ecclesiastic occupying a position above that of

canon.

Of one general of the army or of the navy.

Of a chief of one of the offices of the treasury.

Of one person who has filled the office of minister of state, diplomatic agent, intendant, governor, or head of a municipality.

These last five councilors shall be appointed by the President of the Republic.

The Council shall be presided over by the President of the Republic, or in his absence, by one of its members chosen by itself as vice-president, who shall be elected annually and is eligible for re-election.

The vice-president of the Council shall be considered senior councilor for the purposes of Arts. 66 and 69 of this constitution.

Ministers of state shall only have a voice in the Council, and if any councilor is appointed a minister, he thereby vacates the office of councilor.

ART. 94. The qualifications for councilor of state shall be the same as those required of a senator.

ART. 95. The powers of the Council of State shall be:

1) To advise the President of the Republic in all cases in which he shall consult it.

2) In case of vacancies in the courts of first instance and in the superior courts of justice, to present to the President of the Republic the persons whom it thinks most fit for such positions, after first having received the suggestions of the superior court prescribed by, and in the manner provided by law.

3) To propose three persons for each appointment to archbishoprics, bishoprics, dignities, or prebends of the cathedral churches of the Republic.

4) To take cognizance of all matters of patronage or protection which may come into dispute, hearing the opinion of the superior court of justice as provided by law.

5) To have cognizance also of conflicts between administrative authorities, and of conflicts between administrative authorities and the courts of justice.

6) To decide whether or not there is cause to present criminal charges against intendants, commanders of fortresses, or governors of departments; except in the cases where an accusation against an intendant may orginate in the House of Deputies.

7) To give its advice concerning levies en masse in one or more provinces invaded or threatened, in case of foreign war.

8) The Council of State shall have the right to propose the dismissal of ministers of state, intendants, governors, or other public officers who may prove delinquent, incapable, or negligent.

ART. 96. The President of the Republic shall submit to the consideration of the Council of State:

1) All bills which he thinks it proper to submit to Congress.

2) All bills passed by the Senate and the House of Deputies and sent to the President of the Republic for his approval.

3) All matters regarding which the constitution specifically requires that the Council of State be heard.

4) The annual estimates of expenses which are to be submitted to Congress.

5) All other matters regarding which the President may think it proper to hear the opinion of the Council.

ART. 97. The opinion of the Council of State shall be simply advisory, except in the particular cases in which the constitution requires that the President of the Republic act upon the advice of the Council.

ART. 98. The councilors of state shall be responsible for the opinions rendered by them to the President of the Republic, which may be contrary to the laws and manifestly in bad faith; they may be impeached and tried in the manner provided by Arts. 84 to 89 inclusive.

CHAPTER VII. THE ADMINISTRATION OF JUSTICE

ART. 99. The power to try civil and criminal cases shall belong exclusively to the courts established by law. Neither Congress nor the President of the Republic shall in any case exercise judicial functions, remove pending cases to a superior court, or revive cases already decided.

ART. 100. Changes in the powers of courts or in the number of their members shall be made only by virtue of law.

IOI.

ART. 101. The judges of the superior courts and of the courts of first instance shall hold office during good behavior. Judges of commercial courts, justices of the peace, and other inferior judges shall hold office for a term to be fixed by law. Judges shall not be deprived of their offices, whether they be held for a limited term or for life, except for a cause legally determined.

ART. 102. Judges shall be personally responsible for the offenses of bribery, failure to observe the laws regulating

procedure, and in general for any neglect or wrongful act in the administration of justice. The law shall determine the cases and manner in which this responsibility shall be enforced.

ART. 103. The law shall determine the qualifications required of the respective judges, and the number of years during which they must have practiced as lawyers before being appointed judges of superior or inferior courts.

ART. 104. There shall be a magistracy in the Republic charged with the directive, correctional, and economic supervision of all the courts of the nation, in accordance with the laws determining its organization and powers.

ART. 105. A special law shall determine the organization and powers of all courts which may be necessary for the prompt and complete administration of justice throughout the territory of the Republic.

CHAPTER VIII. INTERNAL GOVERNMENT AND

ADMINISTRATION

ART. 106. The territory of the Republic shall be divided into provinces, the provinces into departments, the departments into subdelegations, and the subdelegations into districts.

THE INTENDANTS

ART. 107. The superior government of each province in all branches of its administration shall be vested in an intendant, who shall exercise his power in accordance with the laws, and with the orders and instructions of the President of the Republic, whose natural and immediate agent he is. His term of office shall be three years, but he may be reappointed indefinitely.

THE GOVERNORS

ART. 108. The government of each department shall be vested in a governor, subordinate to the intendant of the province. His term of office shall be three years.

ART. 109. The governors shall be appointed by the President of the Republic upon the nomination of the respective

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