Year: 1868




diction may be exercised, all ac-


cused persons against whom infor-
nation may have been, or may be
| filed in the Parish Court. and who
are under arrest, or who have Civ
en- bond for their appearance in


said courts, and all accused per
sons in actual custody charged
with Offenses cognizable before
the Parish Courts, shall appear,
if under bond, or be brought by
the sheriff or other officer, If ii


actual custody, before the Parish
Court, and such accused shall


without being required to make
any motion, plea or answer to
such information, first decide


whether they will waive trial by
jury in the case; which decision


of the accused shall be entered on


the minutes Of the court; and
should he decide not to receive


trial by jury. the information,


warrant, recognizance, bond, if
any, and copy Of his decision,
and all the proceedings in the


case shall be transferred to the
District Court for trial; and such


accused shall be required to ap-
pear in the District Court. and
there answer the charge, the same
as if all the proceedings had been
in that court, and he shall be LA


BILE to have his bond forfeited and
incur all other penalties by his
failure to appear and defend the
case in the District Court, the
same as if the proceedings had all
been had and commenced in that
court. U 1af


Sec. 6. Be it further enacted,
ETC., That if the person charged


with offense shall decide to waive
trial by jury, such decision shall
be entered on the minutes of the
parish court, and the parish court
shall then take cognizance of the
case and proceed to try and de-
termine the case. And it shall be
the duty ofthe said District Attor-
ney pro tempore for the parish to
represent the State in the absence
of the District Attorney for the


district, and prosecute such ac-
euSed in the Parish court, and to
perform all the duties required of
the District Attorney in such cases.


See. z. Be it further enacted,
etc., That in allcases ofindictment,
or information originating and
filed in the District Courts of the
several parishes in this State, ex-
cept the parish of Orleans, when
the penalty is not necessarily i'm


prisonment at hard labor or death,


before the accused shall be requir-
ed to file any motion, plea or other
defense, he will be required to de-
eide whether he will waive trial
by jury. in the case, which decis-
ion shall be entered on the min
uteS of the court, and if the ac-
cused shall decide that he valves
trial by jury, the District Court


shall proceed to try the case, and
if for any cause the case is not
tried during that term of. the Dis
trict Court, then the Indictment
or information, with the recogniz-


ance bond and a copy of all the
minutes of the District Court in


relation to the case, and all papers
and records in possession of the


clerk or any other officer of the
District Court, shall be transfer


rcd to the Parish Court, and the


Parish Court shall take iurisdic-
| tion of and try and determine the


case according to law f; and the


District Attorney pro tempore
shall, in the absence of the District
Attorney, represent the State in
such cases in the Parish Court. a
Sec. S. Be it further enacted,
ect., That the District Attorney


pro tempore, ofany parish shall be
authorized to take all legal pro-
| ceedings to procure the forfeiture
! of any recognizance bond for the
appearance of any party accused
in the Parish Court, or any such
bond transferred in any criminal


case from the District Court to the
Parish Court for trial, as is pro
vided for in this act; Pr0Uided,
| the principal of said bond does
not exceed five hundred dollars |;
/ if so, the case m which any bond
exceeding in principal Ave hun.


drea dollars, was pending, or had
4 been tried in the Parish Court.
and the accused had forfeited his
i bond by his failure to comply with
4 its terms, the bond, with d copy


ofthe1 orders ofthe Parish Court


showing the forfeiture of the bond
i must be certified and transferred
! to the District Court, which bond