The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1870-05-07
An Act
No. 40.


the apprehension of persons
charged with murder and GER
tain other offenses, and to pro
vide for the arrest and examina-
ton of such persons.
Section 1. Be it enacted by the
Senate and House OF Representa-
tiyes of the State of Louisiana in
General Assembly convened, That
whenever in any parish any crime
punishable with death or by i'm
prisonment in the Penitentiary,
has been or may hereafter be com
mitted, and a warrant has been
issued by any legal officer for the
apprehension of the offender, and
and the Sheriff, Coroner, Consta-
BILE or other officer of the parish to
whom such warrant has been di-
rected or entrusted for execution,
shall fail, refuse, neglect, or be
unable to arrest the accused with
in a reasonable time, upon such
facts being made known to the
Governor, by the affidavit of any
credible person, the Governor may
issue his order to any Sheriff,
Coroner, Constable, or police Off
Ger Of any parish in the State, di-
recting him to execute such war
rant, by the arrest of the accused,
in any parish in the State where
he may be found, who, when ar
rested, shall be taken before the
Parish Judge of the parish in
which the offence was committed,
or the District Judge of the judi
cial district in which such parish
is situated, to be examined and
dealt with according to law, and
that in all such cases, if the charge
be one punishable with death, the
District Attorney of the district in
which such parish is situated,
shall be notified and required by
examining judge to attend and
represent the State in the exam
ination, and it shall be his duty
to attend and assist at the exam
ination, and if he fails to do so,
the examining judge shall notify
the District Attorney pro TEN. of
the parish to attend and represent
the State at such examinations;
aud if the offense be punishable
with less severe penalties, then
the examining judge shall notify
the District Attorney pro tenn. to
attend and represent the State at
such examination. The day for
examination must be fixed by the
Judge, and such District Attorney
or District Attorney pro TEN. shall
be notified of the time fixed for
the examination. A failure of the
District Attorney to so attend and
represent the State at such exam
inati0n, shall subject him to O for
fixture of $3.50, and it shall be the
duty of the examining judge to
notify in writing, under his official
signature, the Auditor the State
of such failure or refusal, and the
amount of such forfeiture shall be
deducted from the amount of the
next salary due him, and the Aud
itor shall pay ever the amount to
the Charity Hospital; and the
failure of the District Attorney
pro TEN. to attend and represent
the State at such examination
shall subject him to a forfeiture
of 800, and it shall be the duty
of the examining judge to certify
such failure, under his official sig
nature, to the parish treasurer of
such parish, andsuch amount shall
be deducted from the amount
next due him by the parish as
District Attorney pro tenn. The
mode of collection above provided
shall not be exclusive. The said
forfeitures or penalties may be
collected from said officers at the
suit of the State against them uS.
fore any competent court, and the
Governor is hereby authorized 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 witness,
es in his favor before the commit
ting judge.
Sec. 2, BE it further enacted,
ETC., That in the examination Of
of the cases provided for in the
foregoing sectiou, it shall be the
duty of the examining Judge tC
cause to be subpenaed all such
witnesses as may be required BY
the Governor, the district attor
ney, or the district attorney pre-
TEN. or other person in the inter
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