New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-05
No. 40.
AN ACT

To authorize the Governor in certain cases
to issue warrants for the apprehension
of persons charged with murder and
certain other Offenses, and to provide for
the arrest and examination OF such per-
sons.
SECTION l. Be it enacted by the Senate and
House OF Representatives of the State OF
Louisiana in General Assembly convened,
That whenever in any parish any crime,
punishable with death or by imprisonment
In the Penitentiary, has been or may here
after be committed, and warrant has been
issued by any legal officer for the apprehen-
sion of the Offender, and the Sheriff, Cor
oner, Constable or other officer of the par
ish to whom such warrant has been directed
or entrusted for execution, shall tall, refuse,
neglect, or be unable to arrest the accused
within a reasonable time, upon such facts
being made known TO the Governor. by the
affidavit of any credible person, the Gov
ernor may issue his order to any Sheriff,
Coroner, Constable, or police officer OF any /
parish in the State, directing him to execute
such warrant by the arrest of the accused,
in any parish in the State where he
may be found, who, when arrested,
shall be taken before the Parish Judge
of the parish in which the Ofanse was COM
mitted, or the District Judge OF the judicial
district in which such parish is situated, to
be examined and dealt with according to
law, and that in all such cases, il the charge
be one punishable with death, the District
Attorney of the district in which SUCH par.
ism is situated, shall be notified and re-
duired by the examining Judge to attend
and represent the State in the examination,
and it shall be bis duty to attend and assist
at the examination, and If he falls to do so,
the examining judge shall notify the Dis.
trict Attorney pro tenn. OF the parish to at
tend and represent the State at such eXaml-
nation; and if the offense be punishable with
hh mi n INC
Judge shall notify the District Attorney pro
tenn. to attend and represent the State at
such examination. The day for the eXami-
nation must be fixed By the judge, al d such
District Attorney or District Attorney pro
tenn. shall be notified Of the time fixed Tor
the examination. A failure OF the District
Attorney to so attend and represent the
State at such examination, shall subject
him to forfeiture OF two hundred and fifty
dollars and it shall be the duty of the ex-
aiming Judge to notify in writing, uDCer
his official signature, the Auditor OF the
State OF such failure or refusai, ana me
amount of such forfeiture shall De
deducted from the amout OF the next salary
due him. and the Auditor shall pay over the
amount to the Charity Hospital; and the
failure of the District Attorney pro TEN. to
attend and represent the State at such eX-
animation shall subject him TO a forfeiture
of one hundred dollars, and it shall be the
duty of the examining judge to certify sucn
failure under his official signature, to the
parish treasurer of such parish, and such
amount shall be deducted from the amount
next due him by the parish as District At.
torney pro TEN. The mode OF collection
above provided shall not be exclusive. The
said forfeitures or penalties may be collect.
ed from said officers at the suit OF the
State against them before any competent
court, and the Governor is hereby author
lied to employ attorneys to prosecute
such suits; provided that nothing in this
section shall be construed to deprive the
accused OF the right to have compulsory
process to compel the attendance OF wit
nesses in his favor before the committing
Judge.
SEC. 2. Be it further enacted, etc., That
in the examination of the cases provided for
IN the foregoing section, it shall be the duty
of the examining judge to cause to be SUBJ
penaed all such witnesses as may be requlr-
ed by the Governor, the district attorney, or
the district attorney pro tenn, or other
person in the interest OF the State, and their
attendance enforced by attachment, if ne-
cessary, whose testimony shall be reduced
to writing, sworn to and subscribed by them,
and at the close OF the examination the tx
aiming judge shall deliver it to the clerk Of
the court for such parish, and the same
.shsll be competent evidence Tor the grand
Jury on their examination OF the case, and
in case of the death, or absence from the
State Of the witnesses, shall be competent
evidence on the trial OF SUCH accused before
petit Jury or court. The failure or refusal
of any witness subpenaed IN accordance
with this section, to attend such eXamina'
ton and give testimony, shall, upon que
conviction, be fined one thousand dollars
and imprisoned in the parish jail Tor not less
than three months.
A. SEC. 3. Be it further enacted ETC., That
it shall be the duty of the officer or officers
directed by the Governor to make sucl az
rest as is provided for in this act. 10 sum
mon and take with him, as posse c0nttutHS,
as MANY persons as he may deem necessary
TO enable him TO make the arrest, and exc
cute the duties required of him by this act,
and any person who shall fail or refuse to
act, when regularly requested so 10 GO Oy
such officer, shall be subject to all the pains
and penalties provided by law for such
failure Eor REFUSAL when required 10 act IN
that capacity by sher!tts and othef parish
officers.
SEC. 4. Be it further enacted, ETC., That
the officer ordered by the Governor to make
the arrest, as required. by this act, snail De
entitled to the same mileage as Is allowed
sherltfs when engaged in making arrests,
and the further sum of five dollars per day
whilst so actually engaged; and that each
person summoned rs a member OF posse
coDandtuS by such officer shall receive two
dollars per day whilst actually engaged as
such, such mileage and per diem to be paid
by the parish in which the offense was COM
mitted, on the warrant of the clerk of the
Police Jury, issued on and in accordance
with the certificate OF the othcer ordered to
make the arrest, sworn to by him to be cor
rect and in strict accordance with this act,
and also attested by the cath of the person
entitled to the pay, that the same is. correct,
which certificates shall be received In pay
ment of all parish taxes of the parish liable
TO pay the same; and the clerk OF the Police
Jury of any parish. who shall fail or refuse
20 ;ssne. such warrants when the forms of
law have been complied with, as above re-
.nnired. authorizing the issue of such war
rants. shall be liable as such ofacer, indi-