New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-10-12
LAWS OF THE STATE OF LOUISIANA
tPUBLIsHED BY AUTHORITY
mo. 12O.
AN ACT

AN ACT
Providing for the appointment Of District
Attorney pro tempore by each Parrish who
shall be Parish Attorney, and defining
his Duties and Powers, and the mode
of proceeding in criminal cases in the
District and Parish Courts; and providing
for the salary and fees of the Parish and
District Attorneys pro tempore.
SECTION l. Be it enacted by the Senate
and House of Representatives OF the State of
Louisiana in General Assembly convened.
That within thirty days after the date of the
PRONUNCIATION of this act there shall be ap-
pointed a District Attorney pro tempore in
| each parish in this State, except the parish
of Orleans, by the Police Jury OF the parish.
And in the event of the failure of the Police
Jury to make such appointment within the
| time aforesaid, the Parish Judge OF the par
| ish shall make such appointment; and in
the event of the death, resignation or other
| disab ility of such District Attorney pro tenn
| pore, to attend to the duties required of
| him in this act, the Parish Judge shall fi.l
the vacancy by appointmr mt to continue tor
| the time for which the District Alton ney for
| the district was appointed or elected.
SEC. 2. Be it further enacted, etc.. That
the District Attorneys pro te7npore, author
| lied to be appointed by the first section of
this act shall hold their offices for and
during the same period the District Attor :
ney tor the Judicial District was elected or
appointed. He shall have all the qualifca
tons required to hold office IN this State,
and shall attest his eligibility to office, and
take the same oath of office required Of all
other officers of this State.
SEC. 3. Be it further enacted, ETC., That
J the said District Attorneys pro tempore are
| hereby authorized and required to discharge
and perform each and any duty required by
law of the District Attorney for the district,
| hot 10, a Ettn liefr nd D,arioh
| Courts and before committing courts, for
the parish in which they may be appointed,
| in the absence of the District Attorney for
the district, or in case of his disability or
| refusal to act.
| SEC. A. Be 1t further enacted, ETC., That
it shall be the duty of the District Attorney
pro tempore to attend the regular terms of
the Parish Courts at which criminal cases
may be tried, and in the absence of the Dis
trict Attorney, to file information in said
| courts against all persons accused of crimes
in such parishes, which may be cognizable
! in said courts, and upon fling such intorma-
tions 1t shall be the duty of said courts to
| cause warrants to issue for the arrest of
| such accused persons, and to tx the amount
OF bail bond to be given by them when ar
rested, and to take such bonds, or to
authorize the Sheriff, Coroner, or some Con.
stable to do so, which bail bonds shall be
| forfeited, proceeded on, and collected in the
same way in the Parish Courts when the
amount does not exceed five hundred dol
lars, as bonds taken to appear in the District
| Court. ..... ...
Sec. 5. Be it further enacted, ETC., That
| at each term of the Parish Court at which
| criminal jurisdiction may be exercised, all
accused persons against whom information
may have been, or may be filed in the Parish
Courts, and who are under arrest, or who
| ! ave given bond for their appearance in said
| rita and all Hrruapd in actual
custody charged with ofenses cognizable
| before the Parish Courts, shall appear if
un Ter bond, or be brought by the Sheriff or
| 0,her officer if in actual custody, before the
Parish Court, and such accused shall with
out being required to make any motion,
plea answer to such Information, first de-
eide wne ther they will waive trial by jury in
the case; which decision of the accused shall
be entered on the minutes of the court; and
should he decide not to receive trial by jury,
the Information, warrant, reoogniZance,
bond, if any, and copy of his decision,
and all the proceedings in the case shall
| be transferred to the District Court
for trial; and such accused shall
be required to appear in the District Court,
I and there answer the charge, the same as il
| all the proceedings had been in that Court,
| and he shall be liable to have his bond for.
feited and incur all other penalties by his
failure to appear and defend the case IN the
SOuTJ, JuC 40 II bnG pIOCCGu-
ings had all been had and commenced in
that Court.
SEC. 6. Be it further enacted, etc, That
If the person charged with an offense 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 then
take cognizance of the case and proceed to
try and determine the case, Aud it shall
be the duty of the said District Attorney
pro tempore for the Parish TO represent the
| State in the absence of the District Attor-
ney for the district. and prosecute such ac-
| cused in the Parish Court, and 10 perform
ali the duties required of the District At
torney in such C 1ses. -t-
SEC. Z. Be it further enacted, ETC., That
in all cases of indictment or information
originating and filed in the District Courts
1 of the several parishes il this State, except
| thu parish of Orleans, when the penalty is
not necessarily imprisonment at hard labor
or death, before the accused shall be re-
| Quired to file any motion, plea or other de-
| tense, he will be required to decide whether
he will waive trial by jury in the case, which
decision shall be entered on the minutes OF
\ the Court, and If the accused shall decide
| that he valves trial by jury, the District
Court shall proceed to try the case, and If
| for any cause the case is not tried during
that term of the District Court, then the
| Indictment or Information, with the fecog-
nizance bond and a copy of all the minutes
of the District Court In relation to the case
and all papers and records in possession OF
the clerk or any other ofiicer OF the District
| Court shall be transferred to the Parish
| Court, and the Parish Court shall take juris-
diciion of and try and determine the case
| according to law; and the District Attorney
| pro tempore shall, In the absence Of the
| District Attorney. represent the State In
| such cases in the Parish Court.
SEC. 8. Be 1t further enacted, ETC., That
the District Attorney pro tempore, of any
parish shall be authorized to take all legal
proceedings to procure the forfeiture
OF any recognizance bond fol. the ap.
c Of any party accused edh in At shs
transferred in any criminal case from
the District Court to. the parish Court for
trial, as is provided for In this act; Pro.
vided, the principal of said bond does not
exceed five hundred dollars; If so, the case
in which any bond exceeding, In principal
five hundred dollars, was pending, or had
cused had forfeited his bond by his failure
to comply with its terms, the bond with a
copy of the orders of the Parish Court,
showing the forfeiture of the bond must be
certified and transferred to the District
Court, which bend and the orders of the
Parish Court, shall be legal evidence to be
procceeded on IN the District Court 70 oh
and the same shall be proceeded on in the
District Court according TO law. $3.50
3 6Ec, Q. BE II further enacted; etc, That
the District Attorneys pro tenapore ap-
pointed according TO the provisions OF this
act, shall be the parish attorneys for the
parishes for which they are appointed Dis
tlict Attorneys pro tefIlPore, and shall re-
present such parish In any case IN which
such partah may be interested, and perform
II IL. Ta.ey~ A.sfsa aff ~ l..