Warrants may be executed in any parish.

arrest; and such original writ shall be sufficient warrant at all times for the officer to make the arrest in any parish in this State without further certificate or formality. And it shall be the duty of the officer holding the warrant of arrest to pursue the accused into any parish in this State, and there to arrest him under such warrant, and when the arrest is made out of the parish from which the warrant is issued, the prisoner is to be conveyed to the parish where the writ issued, for examination or imprisonment.

SEC. 1086. If the sheriff or his deputy, or the coroner or conSheriff may be stable in whose hands a writ or order of arrest has been placed fined or suspen- shall fail to make such arrest, or fail to make the return showing neglect of duty. the reason why he has not done so, and the other facts under oath,

ded by judge for

as required by this act, such fact being brought to the knowledge of the District or Parish Court by the district attorney or the district attorney pro tempore, whose duty it shall be, if it shall come to their knowledge that there has been such delinquency, to bring the same to the knowledge of the court in a written statement to that effect, filed in court; or if any other person shall, in a written statement filed in court and sworn to by them, bring such delinquency to the knowledge of the court, the court, after two days' notice to the delinquent of such statement being filed, shall proceed to hear the excuse of the delinquent, which shall be on oath and in writing, and such other evidence as either party may offer. And if it shall appear he has failed or refused properly to discharge the duties of his office as required by law and this act, the judge shall suspend him from the discharge of the duties of his office, and it shall be the duty of the judge to forward to the Governor of the State a copy of the proceedings and order of suspension, to be by him laid before the Legislature at its next session for their action, in either reinstating the officer or dismissing him permanently from office, and that during his suspension the coroner of the parish, or in the event of his absence or inability to act, or the office being vacant, the judge shall appoint some constable of the parish to act in his place, who shall have all the fees and emoluments of the office, and shall also, for the some reason, should such occur, be dismissed from office and another appointed. If the suspension from office is affirmed by the General Assembly, then the vacancy shall be filled as other vacancies; the officer acting in the place of the one suspended shall continue to act until the vacancy is filled.

SEC. 1087. It is the spirit and intention of this act that the Judges to have several judges in this State shall have a general supervisory control supervisory control over over the officers appointed by the law to execute the writs issuing officers! from and the orders of their courts. It shall therefore be the duty of the several judges of the courts of this State, and they are hereby authorized whenever the sheriff or his deputy or deputies, or the coroner or constable authorized to execute or serve any order or writ emanating from, or in the name of any court in term time, or out of term time, shall neglect, fail or refuse to do his duty in the premises, if such neglect, failure or refusal shall occur in the presence of the judge or court, the officer shall be deemed in contempt of the court, and the judge may, in his discretion, fine such officer in a sum not exceeding five hundred dollars for each offense, and imprison him in the common jail not exceeding thirty days, and suspend him from the execution of his office, and supply his place as is provided for in section one thousand and eighty-six of this act; he may inflict any one, or all of the above penalties. If the neglect,

trict attorney or

son.

failure or refusal of such officer to perform his duties does not take Complaint may place in the presence of the judge, but is brought to the notice of be made by disthe judge, either in vacation or term time by the written accusation any other perof the district attorney, district attorney pro tempore, or by any other person; if by any other person, sworn to by such person, the delinquent shall be notified by the service of such written notice on him at least two days, to appear before the judge at the time and place fixed by the judge in an order to be issued by him to try such alleged delinquency; and if upon such trial, which shall be summary, and without a jury, the party is found guilty of such delinquency of duty, he shall be considered in contempt of court, and be fined, imprisoned and suspended from office, or either or all, in the discretion of the judge, as is provided in this section, when the contempt occurs in his presence; if it be a deputy of any of such officers, then the deputy shall be subject to the fine and imprisonment, or either, above fixed, and shall be absolutely prohibited from acting in the capacity of deputy thereafter. In the trial or execution of the sentence of the sheriff or any of his deputies for contempt, as herein provided for, the coroner, or any constable of the parish named by the judge shall act; and if there be neither coroner nor constable at hand, the judge shall appoint some suitable person to act in executing his order, who may be dismissed or suspended at the discretion of the judge; and if it be the coroner who Appointment of is in contempt, the sheriff or any of his deputies or constable may act, and if it be the constable who is in contempt, the sheriff or any of his deputies, or the coroner may act; and in all cases, if there be no officer at hand to act, the court shall appoint some proper person to do so.

SEC. 1088. A neglect, failure or refusal of any sheriff or his deputies, or the coroner, or constable, to serve any citation, levy any attachment, provisional seizure, sequestration, injunction, execution, arrest, or other legal process in either a civil or criminal proceeding by which any person, the State, parish, municipal corporation, or other corporation, or persons ordering the same, shall be injured, or lose their recourse on the claim sued on, or on the property which was liable to seizure under any of such writs at the time they were placed in the hands of such officer, said officer shall be responsible, as well as his securities on his official bonds, to the party so injured or damaged for the full amount owing on the claim sued on, or the writ he has failed to execute, or other damage, and proof by the party injured that the failure of the said officer to serve the citation or other writ on the proper party, or that he made illegal service thereof, so that prescription barred the claim, or the court was deprived of jurisdiction, or that when the writ of attachment, provisional seizure, sequestration, injunction, execution, arrest, or other legal process was placed in such officer's hands, the party or parties against whom such writs were issued, had property, rights or credits liable to seizure, and within the jurisdiction of such officer, and he failed to seize the same, shall be prima facie evidence of liability of such officer and his securities on his official bond for the amount of such writ; Provided always, that the sheriff or other officer shall have the right to require an indemnifying bond in cases now provided by law.

SEC. 1089. Any clerk of the court who shall neglect, fail or refuse

a person to act as sheriff.

Sheriff and his

sureties liable in damages to

parties for fail

ure to serve. process.

to issue any copy, paper, citation, writ or other process when so Neglect or refurequired to do by any party or their counsel authorized to require sal of clerks.

Penalties.

Forfeiture of fees.

1868-207. Testimony in writing.

ner's jury.

such service, who has made the proper deposit and complied with the requirements of law authorizing them to demand such service from the clerk, such clerk shall, on such facts being brought to the attention of the court in writing, sworn to by the party making it, which shall be served with the order made thereon by the judge, fixing the time for trial thereof, not exceeding two days from the date of the order, and on such trial, which shall be summary and without jury, if such clerk shall be found guilty of the charge, he shall be considered in contempt of court, and be fined in a sum not exceeding one hundred dollars, or imprisoned not exceeding thirty days, or suspended from office, either one or all, and the clerk and his securities on his official bond shall be responsible to any party for any damage that may result from his failure, refusal or neglect to perform any duty required of him by law. If such clerk is suspended from office, it shall be the duty of the district judge to appoint a clerk to act in his place, who shall take the oath and give the bond required of clerks, and who shall receive all the fees and emoluments of the office during the time he acts as clerk. When any judge shall suspend any clerk from office, he shall transmit to the Governor the proceedings, evidence and judgment of suspension, who shall lay the same before the Legislature at its next session, to the end that the Legislature may ratify or reject such suspension from office. If the suspension should be ratified, then such office shall be considered vacant, and be filled as provided by law. If the Legislature shall fail to ratify such suspension from office, then such officer is to be restored to his office, but shall be liable for any contempt or delinquency thereafter committed as in the first instance. A failure of the Legislature to act at the first session after such suspension shall leave the suspension in force; Provided, That the Legislature may act on the case at any subsequent session, and the consequence of their action shall be as above set forth.

SEC. 1090. Any failure of the clerk of any court to comply with any legal formality in issuing citation, petition, or other process, or if the same is not a true copy, or legal in form or substance, no fee shall be charged by the clerk for issuing such copy or process; and he shall moreover be responsible to the sheriff for any costs he may incur in executing, or attempting to execute any such process, and the parties to such suit shall not be charged with any of the clerk's or sheriff's costs above referred to, and any costs that may be incurred by any sheriff in executing or attempting to execute or serve any writ or paper, or other process which has not been executed or served in the manner pointed out by law, shall not be charged against any party in any suit, but all such costs, and the expenses incident thereto shall be borne by such sheriff.

DUTIES OF CORONER IN CRIMINAL PROCEEDINGS.

SEC. 1091. The testimony of all witnesses examined on any inquest shall be reduced to writing and subscribed by the witnesses. SEC. 1092. The jury, upon the inspection of the body, and after Verdict of Coro- hearing the testimony of witnesses and making all needful inquiries, shall sign and deliver to the coroner their inquisition, under their hands, in which they shall certify when and by what means deceased came to his death, and his name, if it is known, together with all material circumstances attending his death, and if it shall appear that the deceased was feloniously killed, the jurors shall further state

who were charged with being guilty, either as principals or accessories, if known, or with being in any manner the cause of his death, which inquisition may be in substance as follows:

An inquisition taken at, on the

day of, in the year before the coroner of the parish (or portion of the parish, in case of the parish of Orleans) of, upon view of the body of (or of an unknown person), there lying dead. The jurors whose names are hereunto subscribed having been sworn to inquire on behalf of the State when and by what means said came to his death upon their oath do say; [then insert when, how and by what person or persons, means, weapons, or instruments he was killed.] In testimony whereof the coroner and jurors of this inquest have hereunto subscribed their names the day and year above stated.

witnesses.

SEC. 1093. If the jury find that any murder or manslaughter has been committed on the deceased, the coroner shall bind over, by Recognizance of 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 recognizance 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.

SEC. 1094. If any person charged by the inquest with having

committed such offense shall not be in custody, the coroner shall Power to arrest arrest and conduct him before some committing magistrate in the accused persons parish in which the inquest is held, to be examined and proceeded with according to law.

An under cura

tor to be appoin

ted persons

SEC. 1095. In every curatorship to an interdicted person, there ted to interdic- shall be an under curator, whom it shall be the duty of the judge to whenever a cu- appoint at the same time the letters of curatorship are certified for the curator.

rator is ap. poi. ted.

SEC. 1096. It shall be the duty of the under curator to act for Duties of under the interdicted person, whenever the interest of the interdicted person is in opposition to the interest of the curator.

curator.

Can not be a

SEC. 1097. The under curator can not be a member of family meetings, but must be present for the purpose of advising; and member of a fa- when he is of opinion that the determination of the family meeting but must be pre- is injurious to the interest of the interdicted person, it shall be his duty to oppose the homologation of the proceedings.

mily meeting

sent to aid and advise.

SEC. 1098. The curatorship shall not devolve upon the under How vacancy in curator when the same shall become vacant, but when it shall the curatorship become necessary to appoint another curator, it shall be the duty of the under curator, under his responsibility, to cause such an appointment to be made.

shall be filled.

Duties of under

SEC. 1099. The duties of the under curator shall be at an end curator and cu at the same time with the curatorship.

rator to cease at the same time.

When to take effect.

1869-114.

Recording of bonds of curators.

perty of minors,

absent persons,

SEC. 1100. Before any person shall be appointed curator or representative of any person interdicted or absentee, the bond required to be given, in order to obtain such appointment, shall be recorded in the book of mortgages in the parish of the domicile of the person to be appointed curator, and a certificate to that effect, presented to the judge, must precede the appointment, on pain of nullity of such appointment. It shall be the duty of such curator, and of any relation or friend of the person interdicted or absentee, to have such bond recorded in any and every parish in the State in which the curator is the owner of mortgageable property; and in the event of the failure of the curator to have such bond recorded, as above required, on conviction thereof he shall be fined in a sum of not less than one hundred dollars, and imprisoned at the discretion of the court; and the recording of such bond shall operate a mortgage on all the mortgageable property then or subsequently owned by such curator from the date of the recording the bond.

SEC. 1101. When any person, who, without having been appointed Recording of in- tutor or curator of minors (interdicted or absent persons), interfere ventory of pro- in the administration of their property, any person shall have the interdicted or right to record in the book of mortgages of the parish of such in cases of inter persons' domicile, the inventory and appraisement of the property ference in ad- belonging to such minors, interdicted or absent persons, if there be one, or other written evidence of the amount and value of the minors', interdicted or absent persons' property; and if there be no written evidence thereof, a statement of the property and its value,

ministration by persons not authorized.