New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-10-10
Jaws OFTHEsTATEO OF LOUISIANA
PUBLISHED BY AUrHoRIrY.l
[NO.14S.


|, Sheriffs, Coroners, Constables and Clerk:
of Courts, and providing penalties fol
their failure to perform their duties, ant
for contempt of Court, and the powers O
the Judges over such officers.
4 SECTION l.. Be it enacted by the Senate
and House of Representatives of the STATE
r of Louisiana in General Assembly convened
That it shall be the duty of the Sheriff, by
b himself or his Deputy, the Cornor or Con
stable in whose hands any writ OF arrest
bench warrant or other order to arrest any
person charged with committing any Grim
: inal otfense has been placed, forthwith to
arrest such person, and to take him before
, the officer authorized to examine the case,
+ II the accused has not already been in
: dicted, or IN information filed againt him.
/, Ii an indictment or information has
l been filed against the accused, the
officer making the arrest under
, the warrant issued on such indictment OF
information shall confine the accused in
jail until he executes such bond as may be
required of him by the Judge of the Court
before whom the indictment or information
l was filed, and if the accused is to be eX-
t amined before any committing officer, the
Sheriff or other officer shall hold the &C.
cused in custody until the close of the eX.
animation; and if required to give bond,
the accused shall be confined in Jail until
he complies with the order of the COM
hitting officer, and in either of the above
SdSCoI II nv OLCASG DG IOL DdllhUlG, luC
E accused shall be carefully confined in jail
until discharged according to law.
SEC. 2. Be it further enacted, etc, That
the Sheriff or his Deputy, or the Coroner or
Constable in whose hands any warrant to
arrest a person accused of any crime has
been placed, shall have the right, and it is
hereby made his duty if he should deem it
necessary, to assist or enable him to ex-
ectte any such writ, to summon as
many persons as to him may seem neces.
sary i'll making such arrest, and all such
persons so summoned by any ofsaid officers,
not under eighteen nor ever forty-fve years
of age, who shall fail or refuse to render
such aid and to obey the officer i'll execut.
ing such writ shall, on conviction thereof,
be fined in a sum of not less than one hun
dred nor more han five hundred sdollars,
and be imprisoned in Jail not less than one
month nor more h a six months, at the
discretion OF the court; and it is hereby
made the duty of all such sherifs, deputies,
coroners, constaoles, or other persons
authorized to make arrests, to report to the
next Grand Jury any such delinquency or
failure to assist such officer.
Sec. 3. Be it further enacted, ETC., That
the Sheriff or other officer in whose hands
any writ or order of arrest is placed order
ing the arrest of any person accused of
crime, shall, within ten t1O) days after
such writ is placed in his hands, if ne
has not made the arrest. make return
of such writ to the court or officer by whom
the same was issued, under oath, stating
the reason of his STABILITY to make the ar
rest, and that he has used every means in
his power to make such arrest. That the &C,
cused has either fled from the parish, or so
securely conceals himself that he has not,
after careful search in good faith, been able
to find him. That such return shall be
made on a copy of the original writ, which
copy shall be filed with the officer issuing
Fha RaTH lN WuWTN nAl H. E - = I
remain In the hands OF the officer ordered
to make the arrest, and under which he is
still to proceed to make the arrest: and such
original writ shall be a sufficient warrant al
all ines for The officer to make the arrest
in any parish in this State without further
certificate or formality. And it 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
such warrants; and when the arrest is made
out of the parish from which the warrant is.
sued the prisoner is to be conveyed to the
parish where the writ issued for examina,
ton or Imprisonment.
SEC. 4. Be it further enacted, ETC., That
if the Sheriff, or his Deputy, or the Coroner
or Constable in whose hands a writ or order
of arrest has been placed shall fail to make
such arrest, or fail to make the return show.
ing the reason why he has not done so, and
the other facts under oath, as required by
AAAAS N.Y. 5uSAA AhIh bNllE DlOuElk ~ Ine |
the knowledge of the District or Parish
Court by the District Attorney or the Dis
trlct Attorney pro tempore, whose duty it
shall be- if it shall come to their knowledge
that there has been such delinquency, to
bring the same to the knowledge of the
court in a written statement to that effect,
nled in court; or if any other person shall,
in a written statement filed in court
and sworn to by them, bring such
delinquency to the knowledge of the
court, the court, after two days notice
to the delinquent of such state.
ment being filed, shall proceed to hear the
of the delinquent, which shall be on
oath and in writing, and such other evil
dence as either party may offer. And if it
shall appear he has failed or refused proper.
" to discharge the duties of his Office as re-
Quired by law and this act, the Judge shall
him from the discharge of the du-
of his office, and it shall be the duty of
the Judge to forward to the Governor of the
state a copy of the proceedings and order
suspension, to be by him laid before the
legislature at its next session for their ac-
lion, in either reinstating the officer or dis
missing him permanently from Office, and
hat during hlsisuspension the Coroner of =
parish, or IN the event OF his absence or
to act, or the office being vacant,
he Judge shall appoint some Constable of
he parish to act in his place, who shall
lave all the fees and e~moluments of the of
ice, and shall also, for the same reason,
hould such occur, be dismissed from office
nd another appointed. If the sus-
'ension from office is affirmed by the Gen.
raj Assembly, then the vacancy shall be 2
He'd as other vacancies, the officer acting !
u the place of the one suspended shall con- !
inue 10 act until the vacancy is filed. :
SEC. 5. Be ii further enacted, etc., That !
is the spirit and intention of this act. that I
he several judges in this State shall have a :
eneral supervisory control over the officers :
ppointed by law to execute the writs issu- :
ng iron, and the orders of their courts. 1t I
hall therefore be the duty of the several q
Judges Of the courts Of this State, and they
re hereby authorized whenever the Sheriff =
his deputy or deputies. or the Coroner or :
authorized to execute or serve ;
order or writ emanating from, or in the :
anne Of any court in term time. or out of !
erm time, shall neglect, fail or refuse to do 9
Us duty in the premises, If such neglect, :
allure or refusal shall occur in the pres. a
nee Of the Judge or Court, the officer shall t
e deemed in contempt Of the Court, and the .
uage may, in his discretion, fine such off, {
er IN a sum not exceeding five hundred :
ollsrs for each otfense, and imprison him 4
the common Jail not exceeding thirty !.
avs, and suspend him from the execution !
{ his office, and supply his place as is pro- I
tded for in section tour of this act, he may
afict any one, OF all Of the above penalties.
I the neglect, failure, or refusal of such
to perform his duties does not take /
lace in the presence Of the Judge, but is
TO the netice Of the Judge. either
Q vacation or term time BY the writer. az.
Of the District Attoraey, District
Ittorney pro tempore, or by any other per-
on, If by any other person sworn to BY
uch person, the delinquent shall be notified
8 the service Of such written notice on him
= least tuunr days IN auuao~ h,E.-. 49, :