New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-05-08
EXECUTIVE ORDER.
STATE OF LOUISIANA,
Executive Department,
New Orleans, Nav 4. 1874.

| Executive Department,
l. New Orleans, May 4, 1874.
The following regulations which are substan
TALLY the same as those adopted by the State
New York, have this day been adopted by the Gov
ernor Of the State of Louisiana in reference to an
plica lions for Regulations and mandates upon re
|! QUESTIONS:
l. Applications must come from District Attor
neys OF Attorneys General, or their authorized
deputies, and be By duplicate original papers ex
oept the Indictment, which may be a certified
copy.
2. The District Attorney. or her law officer
must name proper pc, son as agent having nc
| private interest in the arrest of the fugitive.
3. II there has been any former requisition 70,
the same person growing out of the same traasac
ton, it must be so stated with an explanation Of
the reasons for asking for new reouisiton.
l. If the criminal is known to be under arrest
for ny other Offense, it must be so stated
$. If an indictment has been found certified
copy of the same must accompany the applica-
ticn.
6. There must be by affidavit positive proof that
tho CT uinal has fed from the State and the jus
tice thereof, or proof of facts and circumstances
" arrantipg such conclusion, with satisfactory
expl anation of delay in prosecution, or other mat
ter calculated to excite suspicion of want of good
faith in the proceeding. Also, proof that the
criminal has taken refuge in the State on whose
executive the demand is to be made. Eel. .+t
Z. If known, it must appear whether the GRIM
inal is resident Of this State, only transiently
here. t-9 "-4- -.
g. Matters stated on information and belief must
be stated with the sources of information and be.
lief; nd mere general allegations of law and fact
be avoided as far as possible.
9. In cases in which Indictment has been
found, there must be, in addition to the proofs
above mentioned proof by affidavit taken before a
magistrate of the facts and circums' ances consti
ttuting the crime.
10. If the crime charged be forgery, the affidavit
Of the person whose name is alleged to be forged
must be produced, or a satisfactory reason given
for its absence. y
H. In all cases the official character of the Off.
Ger taking the afidavits must be duly certified.
II. District Attorneys, ETC., will be held to the
strctest responsibility to that this process is
not used for the purpose of collecting debts for
other private purposes, espe cally in of false
pre- tense. enlightenment and forgery.
49, Requisition will.be made directly to- the Gov
ernor upon whom made, unless there be very
special reasons for doing otherwise. The agents
authority will be sent to the District Attorney for
delivery, who must see to it that the agent makes
return of it within reasonable time to the execu
tive department, with a statement of the manner
in which his duty has been discharged. s
IA Mandates upon acquisitions from other States
will not be isssed unless the requisition is sup
ported by proofs conforming substantially in
material matters as to the statements about the
crime, and the manner of the criminals departure
from the State, and the good faith of the pIosecu-
ten to the requirements of the foregoing regula-
tons in similar cases.
IS Mandates will be mailed directly to the Sheriff
of the parish where the criminal is supposed to
be- He will be directed in all cases to allow the
man arrested q reasonable opportunity to assert
before delivery any legal rights he may have in
the premises.
Approved May 4, 1874
WILLIAM p. KELLOGG,
Governor OF the State of Louisiana.
Attest -.i
WILLIAM WEEKS, .
al. Assistant Secretary of State. my6 st