New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-10-27
mo. 1GO.
AN ACT

To Amend aud Re-enact the Thirtyfourth
Section Of An Act Entitled An Act Rel.
alive to Criminal Proceedings, Approved
March IA, 1865.
SECTION 1. Be it enacted by the Senate
and House of Representatives of the State
of Louisiana in General Assembly convened,
That the thirty fourth section Of an act en-
titled an act relative to criminal proceed
ings, approved March IA, 1866, be and the
same is hereby amended and re.enacted SO
as to read as follows: Whenever any per-
son shall be accused of any breach of the
peace crime or misdemeAnor by the oath of
one or more credible witnesses it shall be
the duty of the Justice of the Peace or
committing magistrate or judge before whom
the accusation is brought to receive the
complaint and to cause the accused to be mr.
rested, and if the offense for which the AZ
cused is so arrested be one that may sutjoet
the party to capital punishment or to i'm.
prisonment in the penitentiary, the accused
shall, when arrested, be brought before
either the District Judge of the district or
the Parish Judge of the parish in which the
offense may be charged to have been com.
mitted and TO be proceeded on and examined
according to law.
| When the person 80 accused shall have
been brought before the Justice or magis.
| trate, If the offense be not punishable as
stated in the above paragraph, or the Dis
trict or Parish Judgeif punishable as stated
in the above paragraph, 1t shall be his duty to
examine on oath such witnesses as may an.
pear against him and 10 reduce their dep ii.
ton TO writing. Itshall also be his duty TO re-
ceive the voluntary declaration of the person
accused, and the answers which without
| promise or threat, he shall make TO the uues-
tons which the examining Judge or magIs.
trate shall put TO him and TO cause them to
be reduced TO writing, and signed by the
prisoner in his presence and that Of two wit.
nesses, or if he can not sign TO mention that
circumstance and to certify the declaration
ton with his signature and that of two wit
nesses, which declaration thus certified and
signed, shall be evidence before the grand
and petit jury.
After the examination shall be thus made,
If IL shall appear from the testimony Of the
witnesses that a breach of the peace, crime
1 OF misdemeanor has been committed by the
accused, 1t shall be the duty of the parish
4 Judge, ifthe examination has been made be.
fore him, TO send the accused TO jail under
the custody Of the sheriffor constable, If the
crime be punishable with death, and OF the
District Judge, II the examination has been
| 1.-THE crime be punishable with death and
the proof evident or presumption great.
II THE ohense Or crime charged NAV be
| punishable by imprisonment ia lie peuiten.
tisry, the District OF parish Judge may set
him at liberty upon his giving
bond With approved security for such sum
as the Judge shall fix, and II the offense he
| punishable with less severe penalties. the
accused shall be set ct liberty upon his gfrl
ing bond with approved security for such
sum IS the Magistrate or Judge shall fx,
said bond shall be conditioned for the ap-
pearance Of the party accused at the next