By EDWARD LIVINGSTON, MEMBER OF THE HOUSE OF REPRESENTATIVES FROM THE PARISH NEW-ORLEANS : PRINTED BY BENJAMIN LEVÝ & CO.. 42, Röyal-street. 1822. Log AN ACT RELATIVE To the Criminal Laws of this State. WHEREAS it is of primary importance, in every well regulated state, that the code of criminal law should be founded on one principle, viz. the prevention of crime, that all offences should be clearly and explicitly defined, in language generally understood; that punishments should be proportioned to offences; that the rules of evidence should be ascertained as applicable to each offence; that the mode of procedure should be simple, and the duty of magistrates, executive officers and individuals assisting them, should be pointed out by law; and whereas the system of criminal law, by which this state is now governed, is defective in many, or all of the points above enumerated, therefore. SECTION 1. Be it enacted by the senate and house of representatives of the state of Louisiana, in general assembly convened, That a person learned in the law, shall be appointed by the senate and house of representatives at this session, whose duty it shall be to prepare and present to the next general assembly, for its consideration, a code of criminal law in both the French and English languages, designat ing all criminal offences punishable by law; defining the same in clear and explicit terms; designating the punishment to be inflicted on each; laying down the rules of evidence on trials; directing the whole mode of procedure, and pointing out the duties of the judicial and executive officers in the performance of their functions under it. SECTION 2. And be it further enacted, That the person so to be chosen, shall receive for his services such compensation as shall be determined by the general assembly, at their next session, and that a sum of five hundred dollars shall be paid to him on a warrant of the governor, upon the state treasury, to enable him to procure such information and documents relative to the operation of the improvements in criminal jurisprudence, particularly of the penitentiary system in the different states, as he may deem useful to report to the general assembly in considering the project of a code: he shall account to the general assembly, in what manner the said five hundred dollars has been disposed of. Approved, February 10, 1820. WE, the undersigned, secretary of the senate and clerk of the house of representatives of the state of Louisiana, do hereby certify, that on the thirteenth of February, in the year of our Lord, one thousand eight hundred and twenty-one, EDWARD LIVINGSTON, Esq. was elected and appointed by the joint ballot of the general assembly of said state, to draw and prepare a Criminal Code. In testimony whereof, we have hereunto set our hands. New-Orleans, March 28th, 1822, |