New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-02-10


whether capital or otherwise, has been
State, and that no proper CONF
| plant has besn made as abovs provided,
| or that proper acti0n has not been taken
/ upon such complaint when made, he, the
| Attorney General, or st his instanoe and BY
his authority the district attorney or dis
| trict attorney pro tempere for such parish,
may, ana it Is made his duty at any time,
either during any term, general or special,
or during vacation ftoT 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 gueh 0ffense; and any and ell judges of
/ courts of competent jurisdiction through
| out this Stnte shall at any and all times,
either during any term, general or special
/ or during vacation, receive such intOrmR-
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 1896 of the Revised Statutes of tn
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 ourators Of
interdioted persons, all orders relating to
surrenders by insolvent debtors, and -the
appointment and administration of syn
dies, orders of arrest, attachment,
| demonstration, 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, esuse to be fled, and to take
proper action upon information filed as pro-
Vided for in section two of this act, amend.
1 - fQi nf he Rarusaod TOT of
this State, and generally to grant all other
orders not required by law 10 be granted in
open court, and in case of the absence,
sickness, inability or refusal to act of any
Judge to whom such information shall be
presented as provided in this act, then upon
application by petition of the Attorney Gen
ersl, or any district attorney or district at
torney protempore, to any district judge of
this State, such judge is hereby authorized
and required to cause the same to be fled
and to take such action as may be neces-
sary to cause the arrest and confinement of
such accused person or pers0ns
SEC. 4. Be it further enacted, etc., That
sections 1921, 1l72, 1854 and 1891 of the Re-
/ Vised Statutes of the State of Lou
,, isiana be and the same are hereby
| amended and re-enacted so as to
! read as follows: Upon the application Of
! the Attorney General, district attorney or
| district attorney pr0tempore authorised by
! the Attorney General, the judge shall, in
any criminal prosecution in this State, either
a | before or after arraignment, change the
3 venue in behalf of the State TO any parish
in the same or any other district OF the
State designated by the Attorney General,
| and where, in the opinion of the Attorney
, General, a fair and competent jury can be
obtained for the trial of such accused.
SEC s. Be it further enacted, etc., That
/ sections 1923 and 1881 of the Revised
! Statutes of the State be and the same are
hereby amended and re-enacted, so as to
r read as follows; Changes Of venue in any
q criminal prosecution in this State may be
I granted, on behalf of the accused, to an ad
:. joining parish of the State, Whenever there
has been no previous change of venue OF
I application on behalf of the State, either
q before or after arFaignment, upon the
!. proper application being made to the judge
!. either in open court or at chambers; pro
y vided that such application on behalf of the
+ accused shall be considered as a final an
\ swer to the indictment, in the same man
ner as If the accused had pleaded not guilty
= provided further, that the Attorney Gen
4 eral, or district attorney authorized by the
Attorney General, may, nevertheless
n change the venue on behalf of the State
= as hereinbe provided.
SEC. 6. Be it further enacted, etc., Tha
4 section 1929 of the Revised Statutes of thi
u State be and the same is hereby amended
i and re.enacted SO as to read as follows
4 When change of venue shall be awarded
y either upon thu application of the State o
~ the accused, it shall be the duty of tn
' sheriff Immediately to convey the accuse.
y to the parish to which the cause shal
y have been removed, and to deliver hin
y to the sheriff of said parish, whose dut
"a it shall be TO hold him In safe cui
If tody until otherwise ordered by the court
:. and for compensation and necessary 81
u penses attending such transfer the sheri
~ shall ha Maid hxy tho TrnaauraT Of the Stat
X upon the approval Of his account thereto
ot by the Attorney General,
Sec. T. Be it further enacted, ETC., Ths
- the Attorney General, assistant attOrne
az general, district attorneys, and distriC
n attorneys pro tempore in this State al
n hereby empowered and authorized to az
AZ minister ORths to witnesses in crimini
ar matters.
~ SEC. 8. Be it further enacted, etc., Thu
~ the Governor may at any time assign I'll
X assistant attorney general to perform tn
Il. duties hereinbefOre imposed upon the A
~ torney General or district attorneys in cas-
a. of the absence, or neglect or refusal of Il
n. Attorney General or district attorney
1e perform any duty imposed upon him b
this act.
a. SEC. 9. Be it further enacted, etc., Thu
az section 99S of the Revised Statutes of tn
to State be and the same is hereby anende
az and re-enacted SO as to read as follow
a. That in all criminal prosecutions wherei
no the defendant is allowed peremptory cha
e lengee the State shall also be allOwe'
af without cause, the same number of cha
Of lenges allowed the defendants in such ca
by law.
Of SEC 10. Be it further enacted, etc., Thi
or this act shall take effect and be in for
ia from and after its passage, and all laws
ar parts of laws conflicting with the prov
" sions of this act are hereby repealed so Fl
he as conflicting.
~ lSignedl MICHAEL HAHN,
.. Speaker of the House of Representative
II (Signedl C. C. ANTOINE,
M Lieutenant Governor and President OF Il
q. Senate.
n. Approved January 6. 1877.
Ia (Signedl VIM. P. KELLOGG,
90 Governor of the State of Louisiana.
at A true copy:
"a P. G. DEsLoNDE,
e e Secretary of State.