The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-10-11
LAWS OF LOUISIANA.
mo ISL

OF TEE JUDGES OVER SUCH OFFICERS
SECTION l. Be IL enacted by the Senate and
House Of REPRESENTATIVES of tie State of Locisi
ana IN General Assembly convened, That il
snail be the duty of the sheriff. by himself or bis
deputy. the coroner or constable in whose hands
any writ OF arrest, bench warrant or other order
10 arrest any person charged with committing
any criminal ofense has been placed, forth with
10 arrest such person, and to take him before the
ofhcer authorized to examine the case il the &C.
cused has not already been indicted or an informs
ton filed against him. II an indictment or in.
formation has been filed against the accused the
omcer making the arrest under the warrant issued
on such Indictment or Information shall confne
the accused iu jail until he executes such bond as
may be required of him by the Judge of the court
peIore whom the Indictment or Information was
Tiled, and II the accused is to be examined before
any committing officer. the sheriff or other officer
shall hold the accused In custody until the close of
the examination and If required to give bond,
the accused shall be confined in jsii until he com.
plies with the order Of the committing officer and
In either Of the above cases, If the offense be not
bailsble, the accused shall be carefully confined
In jsii until discharged according to law.
sheriff or his deputy, or the coroner or constable
In whoee hands any warrant to arrest q person
accused OF any crime has been placed. shall have
the right, and II 10 hereby made his duty n he
should deem it necessary, to assist or enable him
10 execute any such writ, to summon as many per.
sons as to him may seem necessary In making such
arrest, and oil such persons so summoned BY any
hve years OF age, who shall fail refuse to render
such aid and to obey the officer In executing such
writ shall, on conviction thereof be fined In sum
of not less than one hundred nor more than five
five hundred dollars, and be imprisoned IN Jail not
less than one month nor more than six months at
the discretion of the court; and it IL hereby made
The duty OF all such sherins, deputies, coroners
constables, or other persons authorized to make
arrests to report to the next Grand Jury any such
delinquency or failure to assist such officer
SEC. 8. BE 1t further enacted. etc., That the
sherin or other officer in whose hands any writ or
order OF arrest is placed ordering the arrest of
any person accused of crime shall within ten (IO)
days after such writ s placed In his hands, il he has
not made the arrest, make the return of such |
writ to the court or officer by whom the same |
was issued, under oath, stating the reason Of his
inability TO make the arrest and that he has used
every means In his power TO make such arrest /
That the accused has either fed from the parish,
or DO securely concesls himself that he has not, |
after careful search In good faith, been able to |
mo him. That such return shall be made on |
copy Of the original writ which copy shall be
MED with the officer issuing the original writ, and
officer ordered to make the arrest and under which
ne still TO proceed to make the arrest and such
original wit shall be sufficient warrant at eli times
for the officer to make the arrest in any parish 10
the State without further certificate or form slty
And 1t shall be the duty of the officer holding the
warrant OF arrest to pursue the accused into any
parish in this State and there to arrest him under
s 30 warrant and when the arrest is made out
/
prisoner Is to be conveyed to the parish where
The writ issued for examination or imprisonment
. SEC. 4. Be IL further enacted, ETC., That If
me snerln or his deputy. or the coroner or con-
stable, IN whose hands writ or order of arrest
las been placed shall fail to make such arrest or
all to make the return showing the reason why
le has not done 80. and the other facts under OATH
. required by this act such fact being brought to
he knowedge of the district or parish court by the
district attorney the district attorney bro tenn
,ore, whose duty 1t shall be, II it shall come to
heir knowledge that there has been such delin-
uency, to bring the same to the knowledge of the
Cur or otSesF psHsd t. hA st fa IL
tetement fled In court aud sworn to by them. {
ring such delinquency to the knowledge of the |
curt, the court, after two days notice to the de-
Dquent Of such statement being filed, shall pro-
eed to hear the excuse of the delinquent, which | Z
hall be on oath and in writing, and such other
hall appear he has failed or refused properly to I
ischarge the duties of his Office as required by I
Nv and this act, the judge shall suspend him from
Q the duty Of the judge to forward to the gov | '
rnor OF the State copy OF the proceedings and g
rder of suspension. to be by him laid before the !
legislature ct its next session for their action in
ther reinstatiDg the officer or dsmissing him
ermsneptly from office, and that during his sus q
eDsion the coroner of the parish, or in the event
I his absence or inability to act, or the office
eing vacant, the judge shall appoint some con.
able of the parish to act In his place, who shall
ave all the fees and emcluments Of the Office.
I'd shall also, for the same reason. should such
ccur be dismissed from office and another ap-
oiDted. II the suspension from office Is affirmed
y the General Assembly, then the vacancy shall
filed as other vacancies; the officer acting in
le place OF the one suspended shall continne to =
CT until the vacancy Is filed.
SIC. s: BE il further enacted, ETC., That it is A
be spirit and intention of this act that the several
ldges in this State shall have q general super
isory control over the off GERS appointed by law
, execute the writs ssning from, and the orders a
be several judges Of the courts of this State aud
hey are hereby authorized whenever the sheriff /,
I his deputy or deputies, or the coroner or con. n
table authorized 10 execute or serve any order b
ourt In term time, or out of term time, shall neg
ct, fail or refuse to do his duty in the premises
such neglect, failure refusal shall occur in the n
resence of the judge or court, the officer shall
o deemed In contempt Of the court, and the
idge may, In bis discretion. fine such officer 10
nm not exceeding five hundred dollars for each L
fienee, md imprson him in the common jail not
xceedng thirty days. and suspend him from the
Of his Office, and supply his place as is
rovided for In section four Of this act he may in.
let any one, or all Of the above penalties. II the
eglect, failure, or refusal OF such officer to per-
nm his duties does not take place In the pre- :
le Judge, either In vacation or term time by the
rten accusation Of the district attorney district
torney pro tempore, or BY any other person, if G
y any other person sworn to BY such person, the =
M
rtten notice on him at least two days, to appear
efore the judge at the time and place fixed by "
e judge In an order to be issued by Q,
m to try such alleged delinquency; and if upon 90
lch trial, which shall be summary aud without r
ny, the party is found guilty of such delinquency
duty, he shall be considered In contempt Of
)urt, and be fined, imprisoned and suspended OF
ON office, or either or all, in the discretion of
e judge IS Is provided 10 this section. when the
'ntempt occurs In his presence; If II be dep
y Of any of such officers then the deputy shall Fs
subject TO the fine and imprisonment or either :
'ove fixed, and shall be absolutely prohibited Y
ON acting in the capacity Of deputy thereafter.
lat In the trial or execution OF the sentence Of
e sheriff or any Of his deputies for contempt, as
rein provided for, the coroner or any constable VII
the parish named by the judge shall act; and z.
mere be neither coroner constable at hand, So
e Judge shall appoint some suitable person to s1
u ID executing his order, who may be dismissed ~
suspended atthe discretion of the Judge and "a
u De the coroner who is in contempt, the sheriff
any OF his oeputies or constable may act and Pr
II be the constable who Is in contempt the 20
erin or any Of his deputies, or the coroner may
y and 10 all cases, il there be no officer at
thn nnrxx< ALL