Le Louisianais. [volume] (Convent, La.) 1865-1883, 1869-06-12
No leo. AN ACT

shall be Parish Attorney, and defining hi
du''es and powers, and the mod, Of pro
c%eeding in criminal cases in The di>,iic
aud parish courts and providing for ,h,
salary and fees of tie palish and di,ttic
attorneys pro tempore.
SECTION /. BE il enacied By tie Senate an,
House Of Representatives Of HE Sta,e # Lou,-
S1ana m General Assembly convened, Tha
w'iltln thirty days after the date of the pro
mitigation OF this act there shall be appuinlet
4 distIict attorney pro tenpnre in each parish
IN this State, except the pafi-h Of o leans, by
The police Jury OF lie parish. And IN The even,
OF The failure Of the potice jury 10 make such
apartment within the time aforesaid. the
parish Judge of the parish shat make suci
appointment; and IN the event Of the death
resignation Or other disability Of such district
attorney pro tempore, 10 attend to The tlutia,
required Of him in this act, the parish Indge
shall fiji the vacancy by appointment L.
continue for The time for which Inc di>lric,
attorney for the district was appointed Of
elected.
SEC. ?. BE- Il Jurther fnactea, ec.. Thai
the distiict attorneys pro te,apore, authorized
q be appointed by the first section ef ms ACT
Shall hold their offices for and during Tie sane
period the Li,rtict attorney for lie in.iclal
district was elected or appointed. lie shaI.
have all the qualifications |reQuirei l., lola
office IN this State. aud shall a,tcs, his cliribliry
70 Office, a:d take the same oath Of Office
required Of all other officers Of this State.
SIC. 8. BE IL FURTHER enacted, ,tr. That
the said dislrir, attorney. pro i,4bo,e ore
hereby authorized and required to DISCHARGE
and perform each and any duty required BY law
Of The district attorney for the di-,ficr, BOTH in
the S~nprcme, district and parish courts, ana
before committing courts, Tor lie parish in
which they may be appointed, in The absence
OF the d'.irict attorney for tie district. or in
case oil his disability o. rclnsaI to act.
SEC. 4 Be il further enacted, tc, Tina,
II snail be the duty Of the dislric, attorney 1fo
10 attend the regular terms Of The
parish courts at which criminal cases NAV b.
tried, and IN the absence Of tie district al'or.
ney, 70 file Information in SAID cu9r's auaius,
all persons accused of crimes in such parishes.
may be coguizable in sad courts. and
1pon fling such iuiorma,ions ii shalI lie the
'u'y OF SAID courts 10 cause wattai.ts to be
ssned Tor the arrest OF such accused persons.
nd 10 fix The amount, of bail bond 10 be given
" them when arrested, and 10 take such bonds
n 10 authorize the sheriff, coroner. or some
TO do so, Which bail bonds >htlI be
proceeded on, and collected in the
anne way in the parish courts, when the
mount does not exceed five hundred dollars.
$ bonds taken 10 appear in the disllic, court
SEC. 8, BE it further enacted, etc, Tina,
I each term of the parish cour, at which
riminal jurisdiction may be exercised. all
ccnsed persons against whom information
nay have been, or may be filed in the parish
ourts, and who are under arrest. or who have
wen bond tor their appearance in said conrrs,
nd all accused persons in actual custody
iafSeu WIN olfenses co9nZable before the
af'sh courts, shall appear, if under bond, or
g brought by the sheriff or other officer. if in
ctual custody, before The parjsl. can't, and
1cll accused shall without being required 10
axe any motion, plea or answer TO such
formation, first decide whether they will
awe trial by jury in The case; which, decision
'he accused shall be entered on the minutes
the court; and should he decide no, 10
awe trial by jury, the information, warrant.
cosn'zance, bond, if any, and a copy of his
'cls'on, and all the proceedings in the case !
all be transferred to the district cour, for ,
Ial and such accused shall be required 10
pear in the district court. and there apsuer
e charge, the same as if all the proceedings
d been in that court, and he shall be Liable
have his bond forfeited and incur all other
nalties by his failure to appear and defend
, case in the district court, The same rs
3 proceedings had all been had and CON- :,
enced in that court. D
Sec, 6. BE it further enacted, etc, That nj
the person charged with an ofTense shall n
eide to waive trial by jury, snch decision r.
be entered on the minutes of the parish !,
1rt, and the parish court shall then take nj
enhance of the case and proceed 10 try and m
ermlne the case. And it shall be the duty of n
said district attorney pro tempore for the
ish TO represent The State in the absence of
district attorney for the district, and -
secu'e such accused in the parish court, N
to perform all the duties required Of The
riot attorney in such cases.
&c. Z. Be it further enacted, etc., That
all cases Of Indictment or information
and filed in the district courts Of
several parishes in this State, except the
'sh Of Orleans, when the penalty is not
imprisonment at hard labor Or
tn, before the accused shall be required to
any motion, plea Or other defense, he will
TO decide whether he will waive
BY jury in the case, which decision shall