New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-08-12

vi motlou Vi MIs nay tne TuleS WeEe
suspended, and Senate bill No. 81, an act
providing for the appointment of District
Attorney pro tempore by each parish, who
shall be Parish Attorney, defining his duties
and powers, and the mode of proceedings in
criminal cases in District and Parish Courts,
and providing for the salary and fees of the
Parish and District Attorneys pro tempore,
was taken up.
On motion of Mr.. Ray, the bill was taken
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
"dolars" 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 FIX and in line twenty.one
to substitute the word recover" for ire
ceive."
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.
| 80 d, Az l.; toa
as a 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
District Attorney pro tempore by each
parish, 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 pro
yiding for the salary and fees OF the Parish
and District Attorneys pro tempore.
SECTION l. Be it enacted by the Senate
ard House of Representatives of the Safe
| of Louisiana in General Asse mbly 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 par
| ish of Orleans, by the Police Jury of the
parish. Aud in the event of the failure of
the Police Jury to make such appointment
within the time aforesaid the Parish Judge
of the parish shall make such appointments
and in the event of the DEATH resig gnation, or
other disability of such District Attorney
pro tempore, attend to the duties required of
MIN in this act, the Parish Judge shall fill
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
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 Attorney
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, aud take
the same oath of office required OF all other
officers of this State.
SEC. 8. Be it further enacted, etc. That
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,
both IN the Supreme, District, and Parish
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. l. Be ii further enacted, etc., That
it shall be the duty of the District Attor.
neys 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 informations in said
courts against all persons accused of crimes
in such parishes which may be cognizable
in said courts, and upon fling such 1nfor.
nations it shall be the duty of said courts
to cause warrants to issue for the arrest of
/ such accused persons. and to fix the amount
/ of bail bond TO be given by them when ar.
| rested, and to take such bonds, or to au-
| thorize the Sheriff, Coroner, or some Con-
| 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 Dis
| trict Court.
SEC. s. 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 informations
may have been or may be fled IN the
Parish Courts and who are under arrest, or
| who have given bond for their appearance
in said courts, and all accused persons in
| actual custody charged with other otfenses
cognizable before the Parish Courts, shall
appear, if under bond, or be brought by
the Sheriff or other officer, If in actual
custody, before the Parish Court, and such
accused shall without being required to
make any motion, plea, or answer to such
information, first decide whether they will
waive trial by jury in the case; which de-
cision of the accused shall be entered on
the minutes of the Court; and should he
decide not to waive trial by jury, the in.
formation, warrant, recognizance, bond, If
any, and COPY of his decision, and all
the proceedings in the case snail
be transferred to the District Court
for trial; and such accused shall
be required to appear in the District Court
| and there answer the charge, the same as If
all the proceedings had been had in that
Court, and he shall be liable to have his
bond forfeited, aud incur all other penalties
by his failure to appear and defend the case
| in the District Court, the same as if the pro-
| ceedings had been all had and commenced
in that Court.
SEC. 6. Be 1t further enacted, etc, That if
the person charged with an ofense 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. Andit shall be
| the duty of said District Attorney pro tenn
pore for the parish, in the absence of the
| District Attorney for the district, to repre-
sent the State, and prosecute such accused
in the Parish Court, and to perform all the
duties required Of the District Attorney in
/ such cases,
SEc. 4. Be It further enacted, etc., That
| in all cases of Indictment or information
originating and filed in the district courts
of the several parishes in this State, ex'
cept the parish of Orleans, when the
penalty is not necessarily imprison
ment at hard labor or death, before the
accused shall be required to file any mo-