trate to enforce attendance of witnesses. testimony by a commissioner as in judicial proceedings of the parish in which the witnesses may reside, who shall, on the receipt of the interrogatories, cause to appear before him the witness to whom they are propounded, and, having administered the oath to him, shall take down in writing his answers and make him sign them. The interrogatories, thus prepared by the committee, shall, previous to their being sent, as aforesaid, be communicated to the accused or his counsel, who shall have a right to add his cross interrogatories, to which the witness is equally bound to answer. The accused on his part shall be allowed to submit to the committee such interrogatories as he may wish to be propounded to witnesses in his behalf, and it shall be the duty of the committee, after having added such cross interrogatories as they shall deem proper, to direct the whole as aforesaid, that it may be proceeded upon in the same manner. 17. [SEC. 3957.] The magistrate to whom the interrogatories Power of magis. shall be directed, as stated in the foregoing section, may employ all such means as are allowed by law to compel a witness to appear, and may condemn to a fine of not less than fifty dollars and not exceeding one hundred, or to an imprisonment not exceeding ten days, any witness for or against the accused, who, being duly cited, shall have refused to attend, or, who having attended, shall refuse to answer to the interrogatories or sign his answers. 1868-114. may be brought into court. 18. [SEC. 3959.] Any party to a suit or proceeding in any of the courts of this State shall have the right to have the personal How witnesses attendance of any witness in open court, on the trial of his case, by his filing in the suit his application for a subpena for any such witness, accompanied by the affidavit of himself or his attorney, that the personal attendance of such witness in open court on the trial of the case is necessary in order to elicit the truth from such witness, which can not be done by taking his deposition out of court; and in all cases where a jury is prayed for and granted by the court, the party shall be entitled to have the witness subpenaed to attend in open court without the above affidavit, if he shall so desire in the writing filed in the suit. 1869-130. 19. [SEC. 3960.] Any party to a suit or proceeding in any of the courts of this State in the parish of Orleans, shall have the right How witnesses to have the personal attendance of any witnesses in open court, in trial of his case or proceeding, by subpenaing the witness to attend on the trial, unless the testimony of such witness has before the trial been taken contradictorily with the parties according to the may be brought into court in the parish of Orleans. provisions of an act entitled "An Act to provide for taking the testimony of witnesses in suits pending in the courts of this State," approved September sixteen, eighteen hundred and sixty-eight, and it shall be the duty of all courts in this State to call and hear the testimony of all competent witnesses in any case or proceeding in open court, when the witness appears to give testimony, whether he is subpenaed or not; such testimony shall be taken in writing in all cases when by law it is required to be so taken. Bribery, intimi suasion of wit nesses in crim 20. [SEC. 3962.] Whoever shall be convicted of bribery, or attempting to bribe any witness, or by any force or threat, or 1869-63. intimidation of any kind, or by persuasion, to prevent any witness dation and perin a criminal case, in any of the stages of prosecution from making the oath in any order to obtain a warrant of arrest to the final trial inclusive, from appearing or testifying as a witness, shall be sentenced to imprisonment at hard labor in the penitentiary not less than cne nor more than five years. inal actions punished. Witness punshed for failby reason of ing to testify 21. [SEC. 3963.] Any witness in a criminal proceeding, in any of its stages from making oath to obtain a warrant of arrest to the final trial inclusive, who shall fail to appear or give evidence, when legally required to do so, by reason of being bribed or persuaded not to do so, upon due conviction thereof, shall be sentenced to imprison- persuasion. ment at hard labor in the penitentiary not less than one nor more than five years. bribery or Punishment of 22. [SEC. 3964.] Any grand juror at any term of court, when a grand jury is impanneled, who shall fail to inform the grand jury of 1869-76. violation of the criminal laws of this State, or of any crime comany mitted within the parish for which he is impanneled as a grand for failure of duty. juror, since the sitting of the last preceding grand jury in that parish, which may have come to his personal knowledge, or of which he may have been informed, upon due conviction thereof shall, if it be an offense not punishable in the penitentiary, of which he has not given information, be fined in a sum of not less than fifty, nor more than five hundred dollars; and if it be an offense which may be punished by death or imprisonment in the penitentiary, he shall be punished by imprisonment in the penitentiary at hard labor for not less than one nor more than five years. Grand Jurors trial of one of their number witnesses on for failure of duty. 23. [SEC. 3965.] In order to prosecute the offense prescribed in the foregoing section of this act, or to defend the charge, any member of the grand jury shall be a competent witness to testify either before the grand jury or on the examination or trial of the case. 24. [SEC. 3976.] The Board of Commissioners of Metropolitan Police shall have power to issue subpenas, attested in the name of Subpenas is its President, to compel the attendance of witnesses upon any pro-politan Police sued by Metroceeding authorized by its rules and regulations. Each Commissioner Commissioners. 1869-92. 1868-207. Examination of witnesses. Post mortem examinations. Oath of witnesses. Testimony in writing. Recognizance of witnesses. 1855-125. of the Board, the Superintendent of Police, the Chief Clerk and Deputy Clerk, are hereby authorized and empowered to administer oaths and affirmations to any persons summoned and appearing in any matter or proceeding authorized as aforesaid, or to take any deposition necessary to be made under the orders, rules and regulations of the Board, or for the purpose of this act. Any willful and corrupt false swearing by any witness or person to any material fact, in any necessary proceeding under the said orders, rules and regulations, or under this act, shall be deemed willful perjury, and punished in the manner now prescribed by law for such offense. 25. [SEC. 3977.] The Coroner may summon witnesses at such time and place as he shall direct; the persons summoned shall, for non-attendance or refusal to testify, be subject to the same penalties, to be expressed in the summons, as if they had been served with a subpena on behalf of the State to attend a Justice's Court. It shall be the duty of the Coroner, if adjudged necessary either by himself or by a majority of the jury, in order to ascertain the cause of death, to order a post mortem examination, whether surgical only, or chemical also, to be made on the body of the subject of the inquisition, by competent medical practitioners; and the expense of such post mortem examination shall be paid by the parish or municipal authorities within whose jurisdiction the inquest shall be held. 26. [SEC. 3978.] The Coroner shall administer the following oath to all witnesses: "You solemnly swear that the evidence you are required to give on this inquest shall be the truth, the whole truth, and nothing but the truth. So help you God." 27. [SEC. 3979.] The testimony of all witnesses examined on an inquest shall be reduced to writing, and subscribed by the witnesses. 28. [SEC. 3980.] If the jury find that any murder or manslaughter has been committed on the deceased, the Coroner shall bind over, by recognizance, such witnesses as he shall think proper, to appear and testify at the next court to be held in the parish at which an indictment for such an offense can be found; he shall also return to the court the inquisition, written evidence, and all recognizances and examination by him taken, and may commit to the jail of the parish any witnesses who shall refuse to recognize in such manner as he shall direct. 29. [SEC. 181.] Whenever the Auditor may think it necessary for the proper settlement of any account, he may examine the parties and others on oath or affirmation, touching any fact material to be nesses on oath. known in the settlement of such account, and for that purpose may Auditor to examine wit issue subpenas or commissions, or compel witnesses to attend before him and give evidence, in such manner and by such means as are allowed by courts of law. session. Testimony of witnesses re inations of par with high ed under war before Grand 30. [SEC. 2.] In the examination of the cases provided for in the foregoing section, it shall be the duty of the examining Judge to 1870-94, extra cause to be subpenaed all such witnesses as may be required by the Governor, the District Attorney, or the District Attorney pro tempore, duced to writ or other person in the interest of the State, and their attendance ing in examenforced by attachment, if necessary, whose testimony shall be ties charged reduced to writing, sworn to and subscribed by them, and at the close crimes, arrestof the examination the examining Judge shall deliver it to the Clerk ernor, evidence of the court for such parish, and the same shall be competent and Petit evidence for the grand jury on their examination of the case, and in case of the death or absence from the State of the witnesses, shall be competent evidence on the trial of such accused before a petit jury or court. [Upon] the failure or refusal of any witness, sub- Penalty for fail penaed in accordance with this section, to attend such examination examinations and give testimony, [he] shall, upon due conviction, be fined one moned. thousand dollars, and imprisoned in the parish jail for not less than three months. Juries. ure to attend when sum WOMAN. Widows and 1. [SEC. 3984.] It shall be lawful for the widows and unmarried 1855-349. women of age to bind themselves as sureties or indorsers for other unmarried persons, in the same manner and with the same validity as men who ized to bind are of full age. 42 women author themselves. |