constitution and laws of the State for justices of the peace in the parish of Jefferson. qualified for Eighth SEC. 2111. It shall be the duty of the Governor at the time of Governor to spappointing the Eighth Justice of the Peace to appoint a elector" of said ward to act as constable of said court until the next Justice's Court general election, when there shall be one elected by the qualified ton. voters of said ward. until next elec Justices and SEC. 2112. The several bodies corporate of the parish of Jeffer- 1861-149. son shall have the authority to stipulate with the justices of the constables aupeace and constables regarding the criminal fees to be paid and to thorized tr substitute salaries for fees. ADDITIONAL POWERS OF JUSTICES OF THE PEACE IN THE FIRST AND SECOND accept salaries. Justices of the peace of the first and second wards, St. Landry, to have SEC. 2113. The justices of the peace of the First and Second 1869-81. Wards of the parish of St. Landry, said wards embracing the towns of Washington and Opelousas, are hereby vested with the same power and authority as is exercised by the recorders in the city of New Orleans, in all criminal matters arising within the parish. SEC. 2114. The said justices be hereby authorized and empowered to commit for all crimes and misdemeanors and offenses for offenses. against the State. powers of recorders. Commitments Confinement of SEC. 2115. All persons imprisoned under the sentence of said justices and by virtue of the powers herein granted shall be confined prisoners. in the parish prison. SEC. 2116. All fines collected by said justices by virtue of the powers herein granted shall be by them paid into the parish treasury monthly. Collections. victs. SEC. 2117. All persons confined in the parish prison under the provisions of this act, shall, during the term of their sentence, be Labor of conliable to work upon the public works, roads and thoroughfares within the parish, under such rules and regulations as the police jury thereof shall make. JUSTICE OF THE PEACE IN MONROE. of the peace SEC. 2118. The act entitled "An Act to provide for the election and commission by the Governor of a justice of the peace for the 1868–123. town of Monroe, in the parish of Ouachita, and to define his powers," Office of justice approved March 13, 1866, be and the same is hereby repealed, and abolished. hereafter the justice of the peace elected for the ward in which the town of Monroe is situated, shall have power and authority to enforce the laws and ordinances of the town of Monroe, in all cases which may come under the jurisdiction of a justice of the peace. RECORDER'S COURT IN THE CITY OF SHREVEPORT, LOUISIANA. SEC. 2119. The Governor shall appoint, by and with the advice 1869–144. and consent of the Senate, a competent person, citizen of the city of Appointment of Shreveport, who shall be recorder of said city. recorder. SEC. 2120. The said recorder is hereby vested with the same power and authority as are exercised by the recorders of the city of Powers of reNew Orleans in all criminal matters, within the limits of the city of Shreveport. He shall be committing magistrate in criminal cases, corder. and shall hold his court daily, from nine o'clock A. M., until three o'clock P. M., or longer, if necessary. SEC. 2121. The recorder appointed under this act be and is hereby authorized and empowered to commit for all crimes, offenses and misdemeanors against the State. He shall try and punish all offenses against the city of Shreveport, according to the laws and ordinances of said city. SEC. 2122. All fines collected by said recorder's court under the Fines paid into provisions of this act shall be paid into the treasury of the city of Shreveport monthly. the treasury. Jurisdiction SEC. 2123. Said recorder shall do, perform and conduct said court in all things in the same manner as are the recorders' courts of equal to that of the city of New Orleans, except he may punish offenses against the laws and ordinances of the city of Shreveport, as provided in recorders in New Orleans. of recorder, section 2121 of this act. SEO. 2124. The recorder appointed agreeably to the provisions of Term of office, section 2119 of this act shall hold his office for the term of two salary and fees years from the first day of January, eighteen hundred and sixtynine, or until his successor shall have been appointed and duly qualified, and he shall be entitled to and receive the sum of twelve hundred dollars per annum, payable monthly on his own warrant out of the treasury of said city of Shreveport; in addition thereto he is authorized to charge and receive the same fees that are now allowed by the laws and ordinances of the city of Shreveport to the Mayor thereof in full compensation for his services in discharge of the duties of said office of recorder in said city. Qualifications of jurors...........2125 Foremen of grand juries may ad SEC. 2125. The qualifications of a juror to serve in any courts of this State, shall be the foilowing: To be a duly qualified elector, without regard to race, color or previous condition, of the State of Louisiana. 1868-141. Qualifications of jurors. List of persons SEC. 2126. The following persons shall be exempt from serving exempt from as jurors: First-The members of the General Assembly, together with their officers and clerks, during the time of the session. Second-The Governor, Lieutenant Governor, State Auditor, State Treasurer, Superintendent of Public Education, the Secretary of State, and all their clerks or employes, and public officers commissioned under the authority of the United States. Third-The judges, officers of the several courts of the State, attorneys and counsellors at law, notaries, ministers of the gospel, and treasurers of incorporated institutions. Fourth-The clerks of incorporated banking institutions. Fifth-All persons more than sixty years old, or those that may be infirm or incapable of rendering such services. Sixth-Physicians and apothecaries. Seventh-The inspectors of beef and pork, flour, tobacco, and other merchandise in the city of New Orleans, harbor masters, and port wardens. Eighth-All school teachers while acting in that capacity. Ninth-All persons who now or hereafter may be enrolled as active members in any one or more of the present or future incorporated fire companies. Tenth-All persons attached to the police departments of New Orleans, or any other city in the State of Louisiana; the militia while in active service; also, the treasurer and controller, and all clerks employed in the different offices of the corporation, and those who are charged with the superintendence of convicts sentenced to hard labor; the keeper of city prison, the workmen employed on the city works and city commissioner. Eleventh-All auctioneers in the State of Louisiana. Thirteenth-The clerks and employes of the branch mint of the jury duty. JURIES-HOW DRAWN. SEC. 2127. Not less than thirty days before the sitting of each Manner draw jury term of the district courts of the several parishes (the parish ing juries, of Orleans excepted), the sheriff, parish judge, and the clerk of the district court, together with two qualified electors to be summoned by the said parish judge, shall meet in the court house of their respective parishes, and select from the list of registered voters the name of every duly qualified elector on the same, without distinction of race or color, in and for said parishes, who possess the legal qualifications and is not exempt by law from jury duty, and shall make a list of the same, to be filed in the office of the clerk of the district court, and should the list of registered voters not be completed in any parish, then the sheriff, parish judge and clerk of the court shall make out the list of electors for said parish from the best information they can acquire, and file the said list in the office of the clerk of the district court. The aforesaid officers and qualified electors shall cause to be written on separate ballots of paper of uniform size, the name of each person so selected and placed upon the list, which ballots shall be deposited in a box to be provided for the purpose, and after being well mixed, one of said officers, under the direction of the others and of the two qualified electors present, shall draw therefrom not less than forty-eight ballots, and a larger number if ordered by the district judge, and the clerk of the district court shall, as each name is drawn, enter it upon a list for record, and deposit the ballots so drawn in a separate box; such boxes to be provided by the clerk at the expense of the parish. The list of jurors so drawn for each term, shall be filed in the List to be filed. clerk's office, as soon as completed, subject to the inspection of persons who may desire to examine it. The persons thus drawn shall be summoned by the sheriff to serve as jurors at the next ensuing term of the court, and should the venire be set aside for informalities, then the judge shall order another jury to be drawn forthwith, and proceed with his court. SEC. 2128. Any person regularly drawn and summoned to serve Compensation. as a juror, or summoned to serve as a talis juror at the several district courts in the State (the parish of Orleans excepted), shall be allowed the sum of two dollars for each day he shall attend such court, and the sum of five cents for every mile he shall necessarily travel in going to said court and returning home; Provided, That the mileage in no case shall be allowed a juror for more than once going to and returning from the court during the term. service. SEC. 2129. It shall be the duty of the clerks of the courts Certificates of immediately after the jury shall have been discharged, to make out and deliver to each juror a certificate, specifying the number of days that he has attended, the distance for which he shall be entitled to receive mileage, and the amount due, which shall be ascertained by the oath of the juror, to be administered by the clerk, and such certificate shall be receivable in payment of the parish tax, or paid out of any moneys in the parish treasury not otherwise appropriated. SEC. 2130. It shall not be deemed a good cause to challenge the No challenge for array that a number of jurors actually drawn at any time was not error number the exact number required by law. SEC. 2131. No juror sha'l be challenged by either party on the ground that he is exempted by law from serving on juries, nor on Exemption no the ground that he is related or allied to either party, unless such ground for chalrelationship or alliance be within the sixth degree, according to the computation of the civil law. lenge. SEC. 2132. Although one or more jurymen on the list should Challenge must lack the qualification required by law, it shall not be cause sufficient be individual. to challenge the whole array, but any such juror may be challenged peremptorily by either party. Judge to charge SEC. 2133. In all cases appealable to the Supreme Court, it shall 1855-298. be the duty of the judge to deliver his charge to the jury in writing, juries in writing if the counsel of either party require the same. in certain cases. of civil or reli SEC. 2134. In all civil and criminal causes in which the State, the parishes, or political or religious corporations are interested, it shall 1855-335. not be sufficient cause to challenge the judge or justice of the Being members peace who may have cognizance of the case, nor the sheriff or the gious corpo a executive officer, or any of the jurors who are called on to serve in for challenge. the cause, to allege that they are citizens or inhabitants of the State or of the parishes, or members of the said political or religious corporations, or that they pay any State, parish or city tax. tions not cause SEC. 2135. As soon as any number of jurymen, whose names shall be on the list made out for the term, shall have met together, 1826-46-5. the court may proceed to cause the jurymen who are present to be Art. 496, C. P. called and sworn, without complying with the formality of drawing a jury for each case as prescribed by the article 496 of the Code of Practice. GRAND JURY. foreman. SEC. 2136. It shall be the duty of the district judges of the several district courts (the First and Second Judical District Courts 1869-141. excepted), on the first day of each jury term in their respective Selection of districts, or the first day the jury convenes, to select one from the forty-eight jurors summoned as jurors, or from any number drawn, who shall be and act as foreman of the grand jury. Immediately thereafter it shall be the duty of the sheriff to place in a box, prepared for that purpose, the ballots upon which are written the names of the remaining forty-seven jurors or number drawn, and proceed to draw said ballots therefrom in open court, and to call the same as they are drawn, and the first fifteen jurors who shall answer to their names when called, shall with said foreman, constitute the grand jury; Provided, further, That if, at the commencement of any regular or special term of court, the jury shall not have been drawn according to the provisions of this act, the presiding judge shall direct such preparation of lists and drawing to be made; and no juror shall be considered eligible who shall not have been selected under the provisions of this act; And, provided, further, That if no other registration be effected than the registration effected by military authority during the year in 1868, said registration may be used when it may be for the purposes of this act. 1855-305. SEC. 2137. The foremen of grand juries of this State may admin- Foremen of ister the oath, required by law, to all witnesses brought before them grand juries during their respective sessions. may administer oaths. SEC. 2138. Grand juries may adjourn for any time not exceeding Power of grand three days, without leave of the court, but for a longer time than juries to adthree days the leave of the court must first be had. journ. |