New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-08-13

/ Va nVdoh vi mr. nay buO plA HdS bA4eu
up section by section.
The first, second, and third sections were
read and adopted without amendment.
The fourth section was read.
On motion of Mr.. Ray the word parishes"
was substituted for the word courts" at
the end ofline ten.
The fourth section was adopted as
amended.
The fifth, sixth, seventh, and eighth sec
tions were read and adopted without
amendments.
Section nine was read.
Mr.. Ray moved to strike out the word
dollars in line sixteen, and insert instead
the words mot less than one hundred dol
lars per annum, and as much more as the
Police Jury may fx,r and in line twenty-one
to substitute the word recover" for ''re-
ceive.7
Mr.. Rays amendments were adopted, and
the ninth section thereafter adopted as
amended.
The tenth, eleventh, and twelfth sections
were then adopted on motion of Mr.. Ray.
On motion of Mr.. Ray the bill was adopted
as whole.
On motion of Mr. Ray the rules were sus-
pended and the bill underwent its second
and third readings, passed finally, and Was
adopted by its title.
The bill as amended is as follows:
Senate bill No. 81
An act providing for the appointment Of o
| District Attorney pro tempore by each
parish, who shall be Parish Attorney, aud
4 AaHy ,fVrY h in ARtfi and . hn
mode OF proceeding in criminal cases in
the district and parish courts, and pro-
vidiDg for the SALARY and fees of the Parish
and District Attorneys pro tempOTe.
SECTION /. Be it enacted by the Senate
and House Of Representatives of the 6 ate
of Louisiana in General Assembly convened,
That within thirty days after the date OF
the PRONUNCIATION of this act, there shall be
appointed a District Attorney pro tempore
in each parish in this State, except the pay
ish of Orleans, by the Police Jury Of the
parish. And in the event of the failure of
the Police Jury to make such appointment
I within the time Aforesaid the Parrish Judge
of the parish shall make such appointment;
aud in the event Of the DEATH resig or
other disability of such District Attorney
pro tempore, attend to the duties rex uired OF
him in this act, the Parish Judge shall FIJI
the vacancy by appointment TO continue
for the term for which the District attorney
for the district was appointed or elected.
Sec. 2. Be it further enacted, ETC., That
T the District Attorneys pro tempore author
lied to be appointed by the first section OF
this act shall hold their offices for and
during the same period the District Attorn ey
q for the Judicial District was elected or ap
pointed. He shall have all the qualifications
required to hold office in the State, and
shall attest his eligibility to office, and take
? the same oath of office required Of all other
officers of this State.
l1ar nA fVNreh nV. TOD aAa 1,o
the said District Attorneys pro tempore are
hereby authorized and required to discharge
and perform each and any duty required oy
: law of the District Attorney Tor the district
q both IN the Supreme, District, and Parish
: Courts, and before committing courts, fol
3 the parish in which they may be appointed
! in the absence of the District Attorney fOl
!, the district, or in case Of his disability o.
q refusal to act.
!. SEC. Be itfurther enacted, etc., Tha
!. it shall be the duty OF the District Attol
ncys pro tempore TO attend the regular term
Y of the Parish Courts at which criminal case
o may be tried, and in the absence of the Dis
e triCL Attorney to file informatioCs in sal
, courts against all persons accused Of crime
/. in such parishes which may be coguiZabl
# in said courts, and upon fling such infor
!, nations it shall be the duty Of said court
i to cause warrants to issue for the arrest Q
g such accused persons, aud to fix the amour
Of bail bond 10 be given by them when Al
rested, and to take such bonds, or to at
thorize the Sheriff, Coroner, or Rome Cor
G stable to do so, which bail bonds shah b
z forfeited, proceeded on, and collected in tn
q same way in the Parish Courts when tn
amount does not exceed i've hundred dol
:, lars, as bonds taken to appear in the Dis
Il trlct Court.
SEC 5. Be it further enacted, etc., Tha
&c 1T each term of the Parish Court at whiol
| criminal jurisdiction may be exercised, al
: accused persons against whom information
may have been or may be fled IN III
II Parish Courts, and who are under arrest, o
who have given bond for their sppearanc
in said courts, and all accused persons il
= actual custody charged with other offense
cognizable before the Parish Courts, sha
"a appear, ii under bond, or be brought
" the Sheriff or other officer, if in actus
custody, before the Parish Court. and sue
d accused shall without being required t
make any motion, plea, or answer to sue
, information, first decide whether they vi
u waive trial by jury in the case; which d.
cision of the accused shall be entered o
le the minutes of the Court; and should b
h. decide not to waive trial BY jury, the Il
formation, warrant, recognizance, bond,
e any, and copy Of his decision, and a.
II be transferred to the District Coul
- for trial and such accused cha
be required to appear in the District Cour
= and there answer the charge, the same as
Id all the proceedings mad been had IN tina
Court, and he shall be liable TO have hi
bond forfeited, and incur all other penaltie
az by his failure to appear and defend the cas-
IL in the District Court, the same as If the pro
il ceedings had been all had and commenced
in that Court.
Sec. c. Be it further enacted, ETC., That
II the person charged with an otfense shall
decide to waive trial by Jury, such decision
= shall be entered on the minutes OF the Par
ish Court, and the Parish Court shall the
take cogniZance OF the case and proceed :
re try and determine the case. And il shall b
"a the duty of said District Attorney pro ten
AZ pore for the parish, in the absence of tn
District Attorney for tho district, to reprt
II sent the State, and prosecute such accuse
in the Parish Court, and to perform all tn
duties required Of the District Attorney
9 such cases.
Sec. z. Be it further enacted, ETC., This
lie in all cases of indictment or intormatio
10 originating and fled in the district eourt
of the several parishes in this state, e.
cept the parish Of Orleans, when Ii
IL penalty is not necessarily imprisoI
ment at hard labor or death, before tn
n. accused shall be required to file any M
ton, plea, or other defense, he will be r
Is quired to decide whether he will waiV
trial by jury in the case, which decisio
,a shall be entered on the minutes OF I'll
court, and if the accused shall decide Thu
~ he valves trial by jury, the District Cou
le shall proceed TO try the case, and If for au
&C. cause the case is not tried during that ter
\ Of the District Court then the indictmeI
VI or information, with the recognizance bon
and q copy of all the minutes of the D
trict Court in relation to the case, and a
DaDers and records in DOssessiOn of the CieT