hended with ment, with pro crime. SEC. 962. All vagrants apprehended with any picklock or other instrument with the probable intention to feloniously break in and Vagrants appreenter any dwelling house, shop, store, office, church, courthouse, picklock or outhouse appurtenant to a dwelling house, yard, or garden, or with other instruany offensive weapon with probable intention to feloniously assault bable intention any person, or who shall be found in any dwelling house, shop, of committing store, office, church, courthouse, outhouse appurtenant to a dwelling house, yard, or garden, with probable intent to steal or commit any crime or felony, shall be sent before a court of competent jurisdiction, and, upon conviction by the verdict of a jury, shall be punished with imprisonment, with or without hard labor, for a period not exceeding two years. by jury. SEC. 963. Any person arrested under the provisions of this act shall have the right to a trial by jury before any court of competent Vagrants to have jurisdiction; provided, such right is claimed before sentence by the the right of trial recorder or justice of the peace before whom the examination shall take place, and it shall then be the duty of said recorder or justicę of the peace to commit the prisoner to such court of competent jurisdiction, to be tried by a jury; and upon conviction all vagrants or persons who do not belong to that class described in and to be punished by section nine hundred and sixty-two of this act, shall be punished with imprisonment in the workhouse, in the city of New Orleans, for a period not exceeding one year; and if such vagrant be a proper object of charity, he shall be sent to some place of refuge to be provided for by the Common Council of New Orleans. SEC. 964. All persons condemned and sentenced by virtue of this Release of va act without a verdict of jury, may be released by the Board of grants, in what Metropolitan Police in the following cases only: First.-If the vagrant belongs to any other parish of this State, and the police jury or any municipal corporation of said parish recommends and claims his release. Second. If he is from any other State, and his release is recommended and claimed by the city, town or county to which he belongs. Third.—If he is a foreigner and the consul or consular agent of his nation recommends and claims his release upon the assurance that he shall leave and not return to the State of Louisiana. Fourth. If the Board of Metropolitan Police have reasons to presume that the vagrant is repentant, and will demean and behave himself as an unoffending and law-abiding person, and is claimed and vouched for by two responsible citizens and property holders of the Metropolitan Police District that they will furnish said vagrant with permanent employment or work. cases permitted. boring vagrants. SEC. 965. All persons harboring vagrants, knowing them to be such, shall, upon conviction, be fined in a sum not exceeding one Penalty for harhundred dollars nor less than fifty dollars, recoverable in the name and by the Board of Metropolitan Police, before any recorder or justice of the peace as aforesaid. 1869-146. Interference SEC. 966. All persons interfering or attempting to interfere with State collectors in the discharge of their duties as prescribed in this act, shall be liable to fine and imprisonment, at the discretion of the with collectors. court of their district. SEC. 967. Any State collector, collecting or attempting to collect any licenses or taxes in the name of the State of Louisiana without Penalty for athaving duly qualified and given bond, in accordance with law, shall tempting to col be subject to a fine of not less than one thousand dollars, nor more being qualifie lect without 1869-92. posing or insulting police offi. cers. Fraudulent badges, etc. than five thousand dollars, and be imprisoned not less than two nor more than five years at hard labor. It shall be the duty of the Attorney General to prosecute all such cases upon information from the Auditor, for which he shall receive a fee of fifty dollars, upon conviction. SEC. 968. It shall be a misdemeanor punishable by imprisonment for a term not exceeding two years, or by a fine not exceeding five Penalty for op hundred dollars ($500) for any person, without justifiable or excusable cause, to use or to incite any person to use personal violence upon any of the commissioners, officers or members of the Metropolitan Police force when in the discharge of their duties, or for any person to make use of abusive or threatening language to any of the said commissioners, officers or members of the said police force, or for any person not an officer or a member of said police force, to falsely represent himself with a fraudulent design upon persons or property as being such an officer or member, or upon any time of day to have, use, wear or display, without authority, any shield, badge, buttons, numbers or other insignia or emblem, such as are officially worn by the officers and members of the Metropolitan Police force. SEC. 969. If any other person than the said "Curtis Pollard, Henderson Williams," their heirs or assigns, shall for hire or pay transport or ferry any person, cattle or goods across the said river, so as to damage, destroy or oppose said ferry or its chartered rights within the limits specified in this act, such person so offending shall forfeit and pay the sum of fifty dollars for each and every person, animal or package of goods worth twenty dollars so transported, one-half of which sum shall inure to the party or parties owning the said ferry, and the other half to the treasury of the parish of Madison, and shall be recoverable before any court of competent jurisdiction; and the party so offending shall be imprisoned in the parish jail for the period of ten days for the first offense, and for the second offense shall be imprisoned not less than twenty days nor more than thirty days. 1869-73. Penalty for in fringing ferry privileges of Curtis Pollard and Henderson Williams." 1869-49. SEC. 970. If any officer of said drainage districts shall refuse to perform any duty required of him by this act, he shall be deemed officers of drain- guilty of a high misdemeanor, and on conviction thereof shall be age districts to punished by fine or imprisonment, or both, at the discretion of the Penalty against refusal to per form duty. for assistance when necessary. court. SEC. 971. The sheriff or his deputy, or the coroner or constable 1868-191. in whose hands any warrant to arrest a person accused of any crime Sheriff may call has been placed, shall have the right, and it is hereby made his duty, if he should deem it necessary to assist or enable him to execute any such writ, to summon as many persons as to him may seem necessary in making such arrest, and all such persons so summoned by any of said officers, not under eighteen nor over forty-five years of age, who shall fail or refuse to render such aid and to obey the officer in executing such writ shall, on conviction thereof, be fined in a sum of not less than one hundred nor more than five hundred dollars, and be imprisoned in jail not less than one month nor more than six months, at the discretion of the court; and it is hereby made the duty of all such sheriffs, deputies, coroners, constables, or other persons authorized to make arrests, to report to the next grand jury any such delinquency or failure to assist such officer. ACCESSORIES. fore the fact, SEC. 972. Whoever shall be convicted as accessory before the 1855-130. fact to any crime or offense, shall suffer the same kind and extent of Accessories bepunishment, according to the circumstances of the case, as might how punished. lawfully be inflicted upon the principal offender for such crime or offense. SEC. 973. Whoever shall be convicted as accessory after the fact to any crime or offense shall suffer fine or imprisonment, or both, at the discretion of the court. Accessories after the fact. how punished. PUNISHMENT. Punishment for offenses. Sentence of SEC. 974. The judge shall have the power to sentence any person the second, who may be convicted for a second or third offense to double and third and fourth triple the penalty imposed by law, and for a fourth offense, the person so convicted may be sentenced to perpetual imprisonment. SEC. 975. In all cases where the sentence of death shall have been pronounced upon any person in the parish of Orleans, it shall be death in Orexecuted by hanging the person by the neck until he be dead, leans, how within the inclosure of the prison of the parish, in the presence of the sheriff and at least four witnesses residing therein, who shall duly attest the same under oath, which attestation shall be returned by the sheriff to the court which pronounced the sentence. executed. ..1003 1004 Clerk to make transcript and file in Supreme Court; no security..1002 Clerk to notify sheriff of the appeal.... Governor to issue his warrant execution in crimes punishable with death..... Clerk to send transcript of proceedings to the Governor.......1005 Juvenile delinquents in the city of New Orleans, may be sent to the House of Refuge..... Persons convicted to be kept in confinement, pending appeal, etc. 1007 Duty of Clerk of the Supreme Court, on the decision of any criminal case.. Appeals in criminal cases, how returnable..... COMMITTING MAG STRATES. .1006 Change of venue on the part of the tate....... .1019 .1020 .1021 Change of venue by defendant....1022 Application for change of venue..1022 Application can be made in court or at chambers .........1023 Duty of clerk when change of venue has been awarded.... ..1024 Duty of sheriff'................ ..1024 ...... .1025 Cause not to be removed a second time Duty of clerk of court to which the case is transferred..... ..1026 Sentence to be executed, by whom 1027 No change of venue before arraignment. Prisoner to be transferred when 1028 .1008 .1009 Preliminary examination...................... .1010 gistrate. Committal for trial..... Release on bail. FORFEITURE OF BONDS AND RECOGNI ZANCES. .1010 Judgments on forfeited bonds and ...1010 recognizances, how rendered....1032 .1010 How set aside.. ..1032 In case of postponement of trial, new bonds for appearances not necessary.. .1047 Form of indictment for murder....1048 Indictment for manslaughter.. ..1048 In indictment for forging, uttering, etc., any instrument, what description of instrument is sufficient...1049 What description sufficient in indictment for engraving any instrument, etc., .1051 . 1059 What designation sufficient in indictment of instrument in writing, print or figures. What sufficient allegation and proof of fraud in forgery, etc....... .1052 Jury may, on indictment charging the commission of an offense, bring in verdict of attempt to commit said offense...... .1053 On indictment for robbery, jury may bring in a verdict of guilty of an assault with intent to rob..1054 How a person shall be disposed of who is indicted for one offense and appears by the evidence to be guilty of another... ....... 1055 Person indicted for embezzlement, as a clerk, etc., may be found guilty of larceny, and vice versa.1056 On a joint indictment for receiving property, any of the parties may be found guilty who shall be proved to have received any part of said property..... ...1057 Accessories and receivers may be tried before the principal.......1058 Certain distinct acts of stealing may be inserted in different counts in same indictment.... .......1059 When and how prosecutor may be held to elect in indictment for larceny.... ...1060 What is sufficient description in indictment of money or bank notes...... .1061 Not necessary to state venue in body of indictment. ...........1062 What averments and omissions in indictment deemed inmaterial..1063 At what time objections must be made to indictment for formal defects apparent on the face thereof... .1064 |