New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-01-07
NO. a.,
AN ACT

To amend and re-enact sections 1874, 977.
1913, 1921, 1923, 1929, 1881, ll72, 1886, 1864
and 1891 of the Revised Statutes of the
State of Louisiana, and TO authorize and
empower the Attorney General assistant
attorney general, district attorneys and
district attorneys pro tempore to admin
lister oaths in criminal cases, and to re-
peal all conflicting laws, and to authorize
the Governor to assign the assistant at
tOrney general to perform certain duties
in certain cases.
SECTION l. Be it enacted by the Senate
and House of Representatives. of the State
of Louisiana in General Assembly con-
vened, That section 977 of thei Revised
Statutes of the State of Louisiana, be and
the same is hereby amended and re-enacted
so as to read as follows: All prosecutions
shall be by indictment or information.
SEC. 9 Be it further enacted, etc, That
sections 1874 and 1l67 of the Revised Statutes
of the State of Louisiana be and the same
are hereby amended and re.enacted SO as to
read as follows: Whenever the Attorney
General, or any district attorney or district
attorney pro tempore, shall be informed
that crime or misdemeanOr has been COM
mitted, and that no complaint or deelara-
ton thereof has been made before any Judge
or Justice of the peace, it shall be their
duty respectively to inquire ex-ofhciO into
the fact by causing all persons they may
the fact to be summoned before some judge
or Justice of the peace, that their depOei-
| tiOns may be taken. Said summons shall
run and be served in any part of the State
| by any sheriff or other officer designated
| by the Attorney General; and provided,
further, that whenever the Attorney Gen
eral shall be informed that an offense,
whether capital or otherwise, has been
committed in any parish in this
State, and that no proper COM
plant has been made as above provided,
or that proper action has not been taken
upon such complaint when made, he, the
Attorney General, or at his instance and by
his authority the district attorney or dis
triot attorney pro tempore for such parish,
may, and it is made his duty at any time,
either during any term, general or special,
or during vacation Itol file an information
for such Offense against any person or per
sons accused of having committed, or in
any manner participated in the commission
of such Offense; and any and all judges of
courts of competent jurisdiction through
out this State shall at any and all times,
either during any term, general or special,
or during vacation, receive such infOrma-
ton, and cause the same to be properly
filed, and shall take such immediate action
thereon under the law as may be necessary
to secure the arrest and confinement of the
accused.
SEC. 3. Be it further enacted, etc., That
section 1886 of the Revised Statutes of the
State of Louisiana be and the same is here
by amended and re-enacted so as to read as
follows: That the judges of the district
and parish courts of this State shall have
authority to administer oaths, to grant, at
| chambers, orders relating to euratOrs OF
interdioted persons, all orders relating to
surrenders by insolvent debtors, and the
appointment and administration of syn
dies, orders of arrest, attachment,
representation, provisional seizure and
| Injunction, and all orders relating there
to, writs of habeas corpus, orders
of seizure and sale on executOry process
orders for commissions to take testimony
to receive, cause to be fled, and to TAKE
proper action upon information filed as pro
Vided for in section two of this act, amend
ing section 1874 of the Revised Statutes o
this State, and generally to grant all Othe
orders not required by law 10 be granted il
, open court, and in case of the absence
sickness, inability or refusal to act of an!
Judge to whom such information shall b
presented as provided in this act, then upOl
application by petition of the Attorney Gen
eral, or any district attorney or district at
tOrnsy protempOre, to any district judge O
this State, such judge is hereby authorizes
and required to cause the same to be file
and to take such action as may be neceI
sary to cause the arrest and confinement o
| suon ACCUSED person OF poEbOub.
SEC. f. Be it further enacted, etc., Tha
sections 1921, Il72, 1864 and 1891 of the RI
| vised Statutes of the State of Lot
isiana be and the same are hereb
! amended and re-enaeted so as
read as follows: Upon the application @
! the Attorney General, district attorney G
district attorney prOtempOre authorized b
the Attorney General, the judge shall,
9 any criminal prosecution in this State, eithC
e before or after arraignment, change th
l. venue In behalf of the State Co any paris
+ in the same or any other district OF ii
/ State designated by the Attorney Genera
o and where, in the opinion of the AttOrne
: General, a fair and competent jury can
l. obtained for the trial of sueh accused.
d SEC 5. Be it further enacted, etc, Thu
8 sections 1923 and 1881 of the Revise
Statutes of the State be and the same 81
It hereby amended sand re-enacted, so as
Y read as follows: Changes of venue in 81
h criminal prosecution in this State may
r granted, on behalf of the accused, to an a
{. joining parrish OF the State, whenever the
It has been no previous change Of venue
% application on behalf Of the State, eth