The New Orleans crescent., 1868-10-28

mo l6ol .I .
AN ACT TO AMEND AND RE-ENAcr THE THIRTY
FOURTH SECTION OF AN ACT ENTITLED Z" AN ACT
RELATIVE TO CRIMINAL PRoCEEDINGs," AP.
PROVED MARCH Ia, 1855.
SECTION 1. Be IL enacted by the Senate and
House of Representatives. of the State OF Loutss-
ana in General Assembly conUened. That the
thrty.fourth section of an act entitled . An act
relative to criminal proceedings" approved
March a. 1855. be and the same is hereby amend.
ed and re- enacted as to read as follows When
ever any person shall be accused OF any breach
of the peace, crime or misdemeanor, by the oath
of one or more credible witnesses, 1t shall be the
duty of the justice of the peace or committing
magistrate or judge before whom the accusation
Ia brought TO receive the complaint and to cause
the accused to be arrested, and If the ofeuse for
subject the party to capital punishment or to i'm
prisonment in the penitentary, the accused shall,
when arrested, be brought before either the dis.
trict 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 according to law.
When the person so accused shall have been
brought before the justice or magistrate, II the
ofense be not punishable as stated ID the ABOVE
paragraph, or the district or parish Judge II pun
isbable as stated in the above paragraph, 1t shall
be his duty to examine on oath such witnesses as
may appear against him and to reduce their de-
position to writing 1t shall also be his duty to re-
ceive the voluntary declarations Of the person
accused and the answers which without promise
or threat, be shall make to the questions which
the examining judge or magistrate shall put to
him and 10 cause them to be reduced to writing,
and signed by the prisoner in his presence and that
of two Witnesses, or if he cannot sign to mention
that circumstance and to certify the declaration
with his signature and that of two witnesses, which
de clsration thus certified and signed, shall be evil
depce before the grand and petitjury.
After the examination shall be thus made. IL ii
shall appear from the testimony of the witnesses
that breach of the peace, crime or misdemeanor
has been committed by the accused, it shall be the
duty of the parish judge, If the examination has
been made before him, TO send the accused to- jail
under the custody of the sheriff or constable, II
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 OF
presumption great.
able by Imprisonment in the penitentary, the
district or parish Judge may set him at liberty
| upon his giving bond with approved security FOL
such sum the judge shall fix, and II the offense
be punishable with less severe penalties, the &C
cused shall be set at liberty upon his giving bond
with approved security for such sum as the ma
gistrate or judge shall fix said bond shall be con
diiIoped for the appearances OF the party accused
at the next parish or district court, as may o.
stated in the bond, in the parish in which the of
fense shall have been committed; If he be unable
or refuse TO give bond with such security the ma
gistrate or Judge, the case may be- shall commi
him TO prison until he be delivered in due cours
| Of law.
The district and parish judges shall have juris
| diction as committing magistrate in all cases.
SIC. 2. BE IL further enacted, etc., That al
| laws or parts of laws contrary to the provision
| of this act be and the same are hereby repealed
end that this act shall take effect from and afte
| its passage.
| (Sgnedl CHAs w. LOWELL,
/ Speaker of the House of Representatives
| (Signed) OSCAR ]. DUNN,
| Lieutenant Governor and President of the Senate
Approved October IL, 1868.
III. @. WARMoTH,
Governor Of the State of Louisiana
A true copy:
GEO. E. BovEB, ...r
Secretary Of State.