by defendant.

SEC. 3892. When any person indicted in any of the district courts of this State, for any offense punishable by death or imprisonment 1855–151. at hard labor, shall desire to change the venue, he shall apply Change of venue therefor to the district judge presiding. The application shall be accompanied with an affidavit that he has good reason to believe that by reason of prejudice existing in the public mind, or for some other sufficient cause, to be described by each party, he can not obtain an impartial trial in the parish wherein the indictment is change of venue pending; that the application was made as soon as could be after the discovery of such prejudice or other cause, and is,not for delay, but

to obtain an impartial trial.

SEC. 3893. Such application may be made orally in open court,

Application for

or in chambers.

or by petition in chambers, and shall be accompanied with proof, Application can under oath, of the party or his attorney, that reasonable notice has bmae in court been given to the district attorney of such application. Thereupon the judge shall hear the party making the application, as well as the attorney representing the State; and if, on such hearing and examination of the evidence adduced, he shall be of opinion that the party. applying can not have a fair and impartial trial in the parish where the indictment is pending, the judge shall award a change of venue to the adjoining parish of the same judicial district, or of an adjoining district, and if possible, to that in which a district court shall next be held.

when change

SEC. 3894. Whenever a change of venue shall have been awarded in a criminal case, it shall be the duty of the clerk of the court in Duty of clerk which the case is pending, to make out a descriptive list of the has been made. indictment, pleas, and all other documents relating to such cause, and a copy of all orders which may have been entered on the minutes of the court, and to deliver the same, together with the original indictment and other papers appertaining to the cause, to the sheriff of his parish, whose duty it shall be immediately to deliver or forward the same to the clerk of the parish to which the cause shall have been removed; and for his services in so doing, the sheriff shall receive a compensation from the treasury of his parish, to be fixed Duty of sheriff. and ordered by the district judge.

SEC. 3895. After a cause shall have been removed as above provided for, it shall not be a second time removed under any pretense whatsoever.

Cause not to be

removed a

en ume.

court to which

SEC. 3896. The clerk of the court to which any criminal cause shall be thus removed, shall, on the receipt of the indictment and Duty of clerk of other papers, enter the cause upon the criminal docket of his court; the case is transand it shall be heard, tried and determined by preference, in the same ferred. manner as if the proceeding had originally been instituted therein. SEC. 3897. In all criminal cases where a change of venue shall be ordered, the sentence and judgment of the court shall be executed Sentence to be by the Sheriff of the parish to which such cause may have been whom. removed.

executed, by

venue before ar

SEC. 3898. No change of venue in a criminal case shall be No change of awarded until the party accused shall be arraigned and shall have raignment. pleaded not guilty.

whe change of

SEC. 3899. When a change of venue shall be awarded on the application of a party in actual custody, it shall be the duty of the Prisoner to be sheriff immediately to convey the party to the parish to which the transiered cause shall have been removed, and to deliver him to the sheriff of ver ue is said parish, whose duty it shall be to hold him in safe custody until awarded, otherwise ordered by the court.

SEC. 3900. When a party obtaining a change of venue shall be Prisoner on bail at large upon bail, or in the custody of his securities, it shall be his

and sureties to appea where the caus has been transterred to

1855-303.

duty to be and appear at the district court of the parish to which the cause shall have been removed, and to attend at such court from day to day and from term to term; and all bonds and recognizances entered into by the party accused and his securities, shall be and remain valid and binding against the party and his securities, notwithstanding the change of venue; and in case of the non-appearance of the party accused at the court to which the cause shall have been rendered, judgment shall be entered up in that court against the party and his securities in the same manner as if the case had remained in the parish from which it had been removed.

CHANGE OF VENUE IN CIVIL CASES.

SEC. 3901. In all civil actions pending in any court of this State, the judge thereof shall have power to change the venue, upon motion Change of venue made in open court, upon cause shown, as hereinafter provided, and to remove the action from one parish to another in the district wherein they are pending, or to a parish in an adjoining district.

in civil actions.

Judge may grant it in vacation.

Application,

how made.

Affidavit,

Papers, how transmitted.

Duty of clerk,

SEC. 3902. The judge shall have power in vacation to grant an order for a change of venue; provided it be by consent of parties, or upon application of one of the parties, ten days' written notice having been given to the adverse party of the time and place of the application.

SEC. 3903. In all cases, except those where the parties consent, the party applying shall present to the judge a petition in writing, stating the substantial reasons he has to believe that from the undue influence of the adverse party, from prejudice existing in the public mind, or for some other cause specially set forth, he can not expect to obtain a fair and impartial trial in the parish where the cause is pending; he shall moreover adduce proof that the notice required by the preceding section has been given, and that the allegations contained in petition are well founded; whereupon the judge shall hear the parties, and after such hearing and examination of the evidence, if he is of opinion that the allegations are sustained by the evidence, he shall award to the party so applying a change of venue, in conformity with the foregoing provisions. Said change of venue shall always be made to a parish wherein neither of the parties reside.

SEC. 3904. The party presenting the petition shall be required, before the cause be heard, to make oath that the petition contains the truth, and has not been presented to delay the trial or to vex or harass the adverse party.

SEC. 3905. The judge awarding a change of venue shall, if in vacation, grant an order under his official signature to the clerk of the parish where the cause is pending, to transmit the papers belonging to and filed in the cause, to the clerk of the parish to which the venue has been removed, which order shall be returned with the petition and filed in the suit.

SEC. 3906. The clerk of the parish from which the suit has been removed shall make a list of all the papers on file in the suit, and a duly certified transcript of all orders made or steps taken during the pendency of the cause, and deliver the same, together with the papers of the suit, to the party to whom a change of venue has been awarded, or to his attorney in fact or of record, taking his

receipt therefor, which receipt shall be a true copy of the list or inventory.

In case there should be sufficient reasons suggested to the judge why the papers should not be intrusted to the said party, then the clerk shall hand them to the sheriff of his parish, who shall give receipt therefor in the form above prescribed, and whose duty it shall be to carry the papers, or to employ some trusty person to carry them to the c.erk of the parish where they may be directed.

mt he rap rs in certain cases.

be first paid.

The papers, in either case, shall be carefully folded, enveloped and sealed, and the party obtaining a change of venue shall pay, in Sheriff to trans. advance, to the sheriff twenty-five cents for every mile he shall have to travel from the place where the suit is pending to that to which it is so ordered to be removed; and the said party shall pay to the clerk of the parish where the suit is pending all costs which may sheriff's and have accrued therein before the papers shall be transmitted, other- clerk's lees to wise the case shall be proceeded with in the parish where it originated in the same manner as if no such application had been made. SEC. 3907. The clerk to whom the papers shall be transmitted, upon their receipt, shall open the seal of the package and compare Duty of clerk the papers with the inventory, and upon finding the same correct, he who receives the shall give a receipt to the person delivering the same, which shall be a true copy of the inventory. He shall then enter the cause in his docket, and act in the same manner as he would have done had the case been originally filed in his parish.

papers.

granted.

SEC. 3908. It shall be the duty of the judge trying the cause to Appeal, how grant an appeal the same as in other cases.

judgments.

SEC. 3909. After the rendition of judginent in any of the causes, and the same has become final, either through lapse of time for Duties of clerks taking an appeal, or by final decision of the Supreme Court, it shall in cases of final be the duty of the clerk of the court of the parish where the cause was tried, to return the said suit, and all the papers belonging to Judgment, how the same, in the same manner as is provided for above, to the parish in which the suit originated, in order that the judgment be there executed.

to be executed.

The judge may

appoint an inter

SEC. 3910. When an interpreter may be deemed necessary by the judge, he shall receive the sum of two dollars for each suit in which preter. His compensahe may be called on to act, to be taxed with the cost.

tion.

WARRANTY,

When judge

SEC. 3911. Article three hundred and eighty-five shall be amended 185-267 -1. and reenacted so as to read as follows: "If the defendant is cast Art. 386, C. P. in the action, the judge, when he gives a judgment against such renders judg defendant, must render at the same time a judgment in favor of the defendant, against his warrantor, for whatever indemnity may be due to such defendant, as well as for all the loss and damage he may have sustained by reason of the action.

But no sheriff, constable, or other officer of court, shall have the right to recover of any seizing creditor, sued as warrantor, the counsel fees of such sheriff, constable or other officer, incurred by calling such creditor in warranty, unless the latter shall, within ten days only from service of the call in warranty, fail to appear and make defense for the defendant who calls him.

men against derend-r judg demni'y against

iend .n he is to

ment for in

warrantor.

1855-360.

Weights and

measures to be

Governor.

SEC. 3912. The Governor, at the expense of the State, shall procure or cause to be procured, one complete set of copper weights, to correspond with weights of their like denomination used procured by the by the revenue officers of the United States, in their offices, together with scales for said weights, and a stamp or seal, with such device as the Governor may deem proper; as also one complete set of measures, calculated for dry, liquid and long measures, of the same capacity and length as those of their like denomination used by such revenue officers aforesaid; which set of weights and measures, together with the scales and stamps, shall be deposited in the office of the Secretary of State, to serve as a general standard of weights and measures in this State.

Inspectors of weights and me sures to be appointed.

SEC. 3913. It shall be the duty of the Governor to nominate, and, by and with the advice and consent of the Senate, appoint for each of the four districts of the city of New Orleans, a suitable person as a Sealer of Weights and Measures, and he shall appoint

Term of office.

in like manner, a person in each of the respective parishes of this State, each of whom shall hold the office for the term of two years. SEC. 3914. It shall be the duty of the persons thus appointed, to visit all places of business, in their district or parish, for which Duty of inthey are appointed, once in each year, and at any other time when spectors, on complaint or by request, their s rvices may be requirel, and to inspect all weights and measures used in the places of business, and when found to correspond with the standard of the State, to seal them or to give a written certificate of their correctness; but when found to disagree with the standard of the State, the inspector shall forbid their further use, until they shall have been corrected, approved and sealed. It shall also be the duty of the inspectors to attend upon all calls made upon them for performing the duties of their office.

SEC. 3915. It shall be the duty of each inspector to see that no other weights and measures but those established by law be made Penalty for use of within the limits of this State; and in case of negligence or neglect of duty. breach on the part of the inspector, he shall be condemned to pay

a fine not exceeding two hundred nor less than one hundred dollars. The Common Council of New Orleans are authorized to pass Regulations to regulations or ordinances relative to the police of weights and be assed by measures, to insure within the city of New Orleans the execution of this law.

common council

be turnished

SEC. 3916. Each parish, as soon as practicable, shall be provided, Each parish to at the expense of such parish, with a set of weights and measures, with set of and a stamp conformably to those hereinbefore set forth, the same weights and to be kept by the parish recorder.

measures.

Inspectors in

SEC. 3917. The inspectors for the four districts of the city of New Orleans to New Orleans, shall procure a set of weights and measures at the procure weights expense of the city.

and measures at expense of

SEC. 3918. The appointed sealer of weights and measures shall the city. be entitled to and receive the following fees:

For each yearly visit and inspection of a full set of steelyards, or Fees. of scales with their weights, or of balances with their weights, or of a bushel measure and its parts, or of a gallon measure and its parts, or a set of yardsticks, they shall receive twenty-five cents, and no more; for sealing each weight and measure, five cents; for the examination of each platform scale, cotton and tobacco scale, and its apparatus, fifty cents, and for sealing the same, fifty cents; the fees, in all cases, to be paid by the owners of the weights and measures inspected and sealed. The stamp shall be impressed, and payment required for doing the same only on such as have not been stamped, or such as, having once been stamped, are found so defective as to require to be regulated with the standard. SEC. 3919. In case of vacancy, by death or resignation, the Vacancies, how Governor shall have power to appoint.

filled.

SEC. 3920. The inspectors only shall have the power to stamp Weights and weights and measures, and upon the stamp shall be the initials of measures, how the inspector's name.

stamped.

any other

SEC. 3921. No person shall buy or sell any commodity whatsoever, by weight or measure, which does not correspond with the Penalty for buyaforesaid standard, or is not stamped after the said parishes have ing or selling by procured the standard of weights and measures as aforesaid; or standard. shall keep any such weights or measures for the purpose of buying or selling thereby, under the penalty of fifty dollars for each offense, besides the forfeiture of the weights and measures found to be false;