The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1868-11-21
s7G AN Act 9na

SeClIOu VI du dcU 6UblUl6U IAN
act Relative to criminal proceed
ings," approved March Ia, 1866.
Sec. 1. Be it enacted by the
Senate and House of Representa-
tives of the, State of Louisiana in
General Assembly convened, That
the 34th section of an act entitled
"An act relative to criminal pro-
ceedings," approved March Ia,
1856, be and the same is hereby
amended and re-enacted SO as to
read as follows: Whenever any
persons shall be accused of any
breach of the peace, crime or mis-
demeanor, 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 accusa-
ton is brought to receive the com
plant and to cause the accused
to be arrested, and if the ofGense
for which the accused is so arres-
ted be one that may subject the
party to capital punishment or to
Imprisonment in the penitentiary,
the accused shall, when arrested,
be brought before either the Dis
triet Judge of the district or the
Parish Judge OF the parish in
which the offense may be charged
to have been committed, and TO
be proceeded on and examined ac-
cording to law.
When the person so accused
shall have been brought before
the justice OF magistrate, if the
offense be not punishable as stat
ed in the above paragraph, or the
District or Parish Judge if punish
able as stated in the above para
graph, it shall be his duty to ex-
anime on oath such witnesses as
may appear against him and to
reduce their deposition to writing.
1t shall also be his duty to receive
the voluntary declarations of per-
son accused, and theanswers which
without promise or threat, he
shall make to the questions which
! the examining judge or magistrate
! 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 witness
es, or if he cannot sign to mention
that circumstance and to certify
the declaration with his signature
and that Of two witnesses, which
declaration thus certified and sign
ed, shall be evidence before the
grand and petit jury.
i After the examination shall be
thus made, if it shall appear from
the testimony of the witnesses
that a breach of the peace, crime
or miSdemeanor has been commit
ted by the accused, it shall be the
duty of the Parish Judge, if the
examination has been made be
fore him, to send the accused to
Jail under the custody of the Sher-
: lit or Constable, if the crime be
punishable with death, and of the
District Judge, if the examination
has been made before him, to send
the accused to Jail If the crime be
punishable with death and the
proof evident or presumption
great.
If the offense or crime charged
may be punishable by imprison-
ment in the penitentiary, the Dis
trict or Parish Judge may set him
at liberty upon his giving bond
with approved security for such
! sum as the judge shall fix, aud If
! the Offense be punishable with
less severe penalties, the accused
shall be set at liberty upon his
giving bond with approved securi
: ty for such sum as the magistrate
or judge shall fix, said bond shall
. be conditioned for the appearance
OF the party accused at the next
Parish or District Court, as may
be stated in the bond, in the par
ish in which the offense shall have
been committed; if he be unable
: or refuse to give bond with such
security, the magistrate or judge
l as the case may be, shall commit
4 him to prison until he be deliver
. ed in due course oflaw.
Il The District or Parish Judges
> shall have jurisdiction as commit
r ting magistrate in all cases.
g Sec. 2. Be it further enacted, etc.
ETC., That all laws or parts of lawl
contrary to the provisions of this
? act be and the same are hereby
D repealed, and that this act take
effect from and after its passage
CHAs. w. LOWELL,
Speaker House Representatives
:, OSCAR j. DUNN,
Lit. Gov. and President Senate
q