New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-04-10

" thsrsafter to tho last day of May in tn
succeeding year; provided that the judg
OF said court may, during the time that t7
court is not required to hold sessions, orde
and hold special sessions of the cour
whenever he shall deem it to the public in
terest so to do.
SEC. 2. Be it further enacted, etc., Tha
as soon as practicable after the passage o
this act the Governor of the State shall an
point. by and with the advice and consent
OF the Senate, judge for said court as il
case OF original vacancy, who shall hole
the said office until a judge shall hav,
been elected, returned and qualified, such
election to take place at the next genera
election for district judges. The salary o.
Judge OF said court shall be five thousand
dollars, payable quarterly on his own war
rant out OF the treasury of the State The
Governor shall in like manner appoint CLERK
of said court, who shall hold his Office
till the next general election for clerks of
the district courts in the parish of Orleans
The clerk shall receive salary of FIVE
thousand dollars per annum and such fees
as are now allowed by law for issuing OF
attachments, subpenas to witnesses and
writs OF habeas corpus, and also ten per
cent on all fines collected, and for Issuing
| any process the fee whereof is not pro-
vided by law the judge of the court shall
fix the compensation, which salary, fees
and compensation shall be paid quarterly
| by the treasurer or Department of Finance
of the city of New Orleans. There shall
be one deputy, clerk, to be appointed by
| the judge of the court, and two assistant
clerks, to be appointed by the clerk, with
the approval OF the Judge. Said deputy
clerk shall receive salary Of two thousand
| dollars per annuIn, and each assistant chief
clerk fifteen hundred dollars per annum,
said salaries to be payable monthly by the
city of New Orleans. The duties of the
said clerk shall be the same as those of the
| clerk of the First District Court The
stationery, fuel and other necessary ar
ticles tor the use Of the court shall be paid
| for by the city of New Orleans on the re-
| QUESTION of the clerk, approved by the
| judge of the court.
SEC. 3. Be it further enacted, etc., That
the sheriff of the Criminal Court Of the
parish of Orleans shall also be the sheriff
and executive officer Of the Superior Grim
insl Court herein created, and he shall be
entitled to the same fees, and they shall be
paid in the same manner as now provided
for under the jurisdiction Of the First Dis
trjct Court, or as otherwise may be pro-
vided for by the General Assembly of the
State.
SEC. A. Be it further enacted, etc, That
the jurisdiction over all Offenses hereby ex-
tended to the Superior Criminal Court is
hereby declared exclusive. and the First
District Court for the parish of Orleans is
hereby Invested of such Jurisdiction. On
motion of the Attorney General, or district
attorney. or attorney acting for either Of
them, the record in all cases now pending
or untried in the First District Court, over
which said Superior Criminal Court shall
have exclusive jurisdiction. shall be trans
ferred to said Superior Criminal Court, and
the Superior Criminal Court shall have
power to command the clerk of the First
District Court to do such acts as may be
required in furtherance of this act.
Sec. s. Be it further enacted, etc., That
on and after the first day of April, 1874, all
grand and petit juries in the district courts,
civil and criminal, for the parish of Or
leans, shall be drawn pursuant to the pro-
visions of this act, as follows: There shall
be two jury commissioners, to be selected
from the qualified voters of the parish of
Orleans, and appointed by the Governor,
who shall hold their offices and be remov.
able at the pleasure of the Governor. The
commissioners shall receive for their servi-
ces five hundred dollars each per annum,
payable quarterly by the city of New Or.
leans. They shall select impartially from
the citizens of the parish of Orleans having
the qualifications requisite to register as
voters, the names Of not less than five hun
dred good and competent men, list of
whose names shall be made out and re-
turned certified under their hands to the
clerk of the Superior Criminal Court, to be
filed by him in his Office; said list shall be
kept complete and supplemented from time
to time. Each OF the names on said list, and
on all supplemental lists, shall be written
out by said clerk on a separate slip Of pa
per, together with the place of residence of
each person., and the slips of paper on
oh han hn L.
and places of residence of persons
on the said list shall be placed in a box or
wheel, to be kept for that purpose by the
sheriff of the court, and ten days before the
expiration of every month in which the
said Superior Criminal Court shall hold its
sessions, the said commissioners, together
with the criminal sheriff, shall proceed to
draw from said box or wheel not less than
forty-eight names, and the persons whose
names shall be so drawn shall constitute
the petit jury for the month or session of
the court succeeding such drawing: pro-
vided that whenever it becomes necessary
to form a grand jury by the said Superior
Criminal Court it ehall be the duty of the
commissioners and sheriff to draw from
said box or wheel not less than seventy
names, and out of the persons whose names
shall be so drawn and appearing in court
the judge of said Superior Criminal Court
shoAl oCiCOo OuO ouu jury, WIZ Shall 6OFVo
for the term of three months unless sooner
discharged by the court; the remaining
number of the seventyIdrawn shall serve as
the petit jurors for the ensuing month, and
provided also that in any case where a jury
has been selected and impaneled for the trial
of any cause pending in said court, and if
the same be not concluded within the month
the jury so impaneled shall continue to
serve until said cause is finally decided, or
II s,nl,o l. -.
jury, drawn and selected as herein directed,
shall be and constitute the grand jury for
the parish of Orleans. Drawings of juries
for the civil district courts shall be made |
by the jury commissioners and the civil |
sheriff, IN the presence of the sheriff of the |
criminal courts, who shall at all times have |
the custody of the jury wheel or box. Draw |
ings Of petit juries for the First District !
Court shall be made by the jury commits. |
courts, in the same manner as herein di. |
rected for the Superior Criminal Court ex- |
cePt that the number to be drawn ehall be |
only thirty-six. The judges of the civil |
district courts and the Judge of the Superior |
Criminal Court for the parish of Orleans,
or majority of them, may prescribe fur
Their rules and regulations of the time and |
manner OF drawing of petit juries for said |
courts; no challenge to the array or excep-
jury, or its acts, prior to the commencement
Of the trial of a cause. shall be entertained,
unless made in case of the grand jury at or
prior to the time Of the arraignment of a
party accused, and in case of the petit jury
before the swearing in of the last member
of the petit jury impaneled to try the cause,
the object horeof being TO discourage vexa-
tious proceedings and the waste of time in
litigation based on technical formalities.
The whole contents of the jury wheel or
,Ox may be made vacant and renewed
whenever in the opinion of the majority of