No member of the Reichstag or of a Landtag may at any time be made subject to judicial or administrative penalty, or may be made responsible outside the House, on account of his vote or on account of any utterances made in virtue of his office as deputy. ARTICLE 37. No member of the Reichstag or of a Landtag may, without the consent of the House of which he is a member, be arrested or subjected to examination, while the House is in session, on account of any act for which criminal proceedings are threatened unless and except he have been arrested while committing the said act or at latest in the course of the following day. A like consent is necessary for every other restriction of personal liberty calculated to obstruct a deputy in the free exercise of his office. The Reichstag or a Landtag may require any criminal proceedings, any arrest, or any other restriction placed on the personal liberty of one of its members to be suspended for the duration of the session. ARTICLE 38. The members of the Reichstag and of the Landtags are entitled to refuse their evidence, both as to the identity of persons who have made communications to them in their capacity as deputies, and as to the nature of these communications themselves. With regard to the seizure of documents their position is further identical with that of persons who have the legal right of refusing evidence. A search or seizure of documents may not take place within the precincts of the Reichstag or a Landtag except by consent of the President concerned. ARTICLE 39. Officials or members of the armed forces require no leave in order to exercise their functions as members of the Reichstag, or of a Landtag. Should they be candidates for a seat in these bodies such leave as their candidature requires must be granted to them. ARTICLE 40. The members of the Reichstag are entitled to free passes on all German railways, and also to allowances as provided by act of the Realm. SECTION III THE PRESIDENT OF THE REALM AND THE GOVERNMENT OF THE REALM ARTICLE 41. The President of the Realm shall be elected by the whole German people. Every German who has completed his thirty-fifth year is eligible, and an act of the Realm shall make further provision. ARTICLE 42. The President of the Realm shall take the following oath on assuming office---- I swear that I will devote my powers to the good of the German people, that I will promote and protect the people's interests, will maintain the constitution and the laws, will fulfil my duties conscientiously, and will exercise justice towards all. The addition of a religious oath is permissible. ARTICLE 43. The President holds office for seven years and is re-eligible.