Bond, how taken in such cases. Commitment. SEC. 1012. In such cases the bail bond shall be signed and executed by the sureties before a competent magistrate of the parish or district in which they reside, who shall certify the sufficiency of the bail at the foot of the bond. It shall be made returnable to the court before which the accused is ordered to appear for trial, and all proceedings thereon shall be had in the same court. D. sec. 1208, 2060. SEC. 1013. Every magistrate committing any person to prison shall make out a commitment, which shall be signed by him, ordering the sheriff to keep the person accused in safe and sure custody until delivered by due course of law, and shall substantially set forth the nature of the offence of which such person is accused, which commitment shall be sufficient warrant and justification to the sheriff or his deputy for the detention and imprisonment of the party so charged. D. sec. 2061; 5 A. R. 744; 2 M. R. 275. SEC. 1014. When any prisoner or defendant charged with having committed any crime or misdemeanor shall swear that any witness, then in the parish where he is to be tried, is material for his defence, and that he has reason to fear and verily believes that he is about to depart therefrom, it shall be lawful for the justice before whom the the accused to complaint was made, or for the court by which the prisoner or defendant is to be tried, to bind over the witness for his appearance before the court in the same manner as the witnesses on the part of the prosecution are bound over. Witnesses for be bound over to appear at court. Witnesses for the State to be appear at court. D. sec. 2062, 3950; 4 A. R. 515. SEC. 1015. When any person is brought before any justice of the peace charged with having committed an offence against the laws of the State, it shall be the duty of the justice to take in writing the debound over to positions of all the material witnesses on behalf of the State, and also to take their recognizance or bond in such sum as may be reasonable, conditioned for their appearance before the court having jurisdiction of the offence, there to give evidence in the case, and not to depart without leave of the court; which depositions and recognizances or bonds shall be forthwith returned to the clerk's office of the court having jurisdiction of the case. They shall also deliver to the clerk of said court the money, goods or other chattels stolen, the weapons used, the bills or obligations forged, or any other property or piece of evidence that may be used on the trial; and it shall be his duty to receive and keep the same in safe and sure custody, subject to the order of the court, taking care to preserve the identity of the same. D. sec. 2010, 2063, 2269-2272, 3951; Voorhies' Cr. Jur., p. 332. SEC. 1016. The justices of the peace shall have power in all cases Justices may bind over to in which it shall appear to them by oath that a breach of the peace has been committed, or that there is just cause to apprehend that a keep the peace. breach of the peace is intended, to cause the party charged with such breach of the peace or intention of breaking the same to be brought before them respectively, and to direct him to give such security as they may deem reasonable to keep the peace of the State, and to answer to the offence if any has been committed; and in case of refusal to give such security to commit the party są charged to the custody of the sheriff, who shall thereupon imprison the party until he shall enter into such security as has been ordered before the same or some other judge or justice of the parish. D. sec. 2064; Act 1855, p. 157, sec. 40. SEC. 1017. It shall be the duty of every justice of the peace to whom' complaint is made of any offence against the laws of the State to specify the name and surname of the offender, and also the person Declarations before justices, who may have sustained the injury, in the declaration which shall be what to contain made before him of such offence, as far as he shall have knowledge' thereof by inquiry made on that subject; and, moreover, he shall specify therein the day, month, year and place, when and where the offence complained of was committed. D. sec. 2065. pro tem., to SEC. 1018. Whenever the attorney-general or any district attorney Attorney-genshall be informed that a crime or misdemeanor has been committed, eral, district attorney or disand that no complaint or declaration thereof has been made before trict attorney any judge or justice of the peace, it shall be their duty respectively to make inquiry inquire ex officio into the fact by causing all persons they shall sup- that a crime or pose to have some knowledge of the fact to be summoned before has been comsome judge or justice of the peace that their depositions may be taken. D. sec. 134, 1167, 2066. when informed misdemeanor mitted. Persons com mitting offences in one parish and flying to another, to be SEC. 1019. When any person shall commit an offence in one parish and fly to another, on complaint thereof being made to any justice of the peace of the parish where such offender shall be found, it shall be his duty to issue his warrant, directed to the sheriff or any other proper officer, to apprehend and bring such offender before him, and if, arrested. on examination, the justice shall be of opinion that he ought to be put on trial for the alleged offence, he shall commit him to prison until he can be transferred to the parish where the offence is alleged to have been committed. The expenses attending the removal of such offender from one parish to another shall be allowed by the court to a reasonable amount, and shall be paid by the State treasurer. D. sec. 1033, 2067; Voorhies' Cr. Jur., p. 319. SEC. 1020. It shall be lawful for any judge or justice of the peace Judges and jus to issue a warrant of search for stolen goods, on the oath of any credtices may issue for stolen property. search warrants ible person particularly describing the place suspected and intended to be searched. The search warrant granted must expressly mention the name of the ship, vessel or other water-craft, or the particular place, house or building in which the search is to be made. Change of venue. Change of ven ue. D. sec. 2068; 2 A. R. 265; Voorhies' Cr. Jur., p. 323. CHANGE OF VENUE. SEC. 1021. Whenever it shall be established in any criminal prosecution, by legal and sufficient evidence, that a fair and impartial trial cannot be had in the parish where the case is pending, the judge of any court having jurisdiction of the case may, upon application of the attorney-general, district attorney or district attorney pro tempore, for a change of venue, grant such application; provided, that the said case be transferred to any parish or judicial district adjoining the one in which the case is pending. (As reenacted by Act 1876, p. 15, No. 95.) D. sec. 1172, 1964, 3891; 2 A. R. 921; 11 A. R. 607; Act 1868, p. 182; SEC. 1022. When any person, indicted in any of the district courts of this State for any offence punishable by death or imprisonment at hard ue by defendant labor, shall desire to change the venue, he shall apply therefor to the district or parish judge presiding. The application shall be accomApplication for change of ven- panied 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 cannot obtain an impartial trial in the parish wherein the indictment is pending; that the application was made as soon as it could be after the discovery of such prejudice or other cause, and is not for delay, but to obtain an impartiai trial. Application court or at chambers. D. sec. 3892; Act 1855, p. 151. SEC. 1023. Such application may be made orally in open court, or by petition in chambers, and shall be accompanied with proof, under can be made in oath, of the party or his attorney, that reasonable notice has 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 cannot 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. D. sec. 3893. venue has been SEC. 1024. 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 in- when change of dictment, pleas and all other documents relating to such cause, and awarded. 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 and ordered by the district judge, D. sec. 3568, 3894; 5 A. R. 24; 14 A. R. 673; 35 A. 340. Duty of sheriff. Cause not to be SEC. 1025. After a cause shall have been removed as above pro- camoved a secvided for, it shall not be a second time removed under any pretence ond time. whatsoever. D. sec. 3895. which the case SEC. 1026. The clerk of the court to which any criminal cause shall Duty of clerk be thus removed' shall, on the receipt of the indictmeut and other of court to papers, enter the cause upon the criminal docket of his court; and it is transferred. shall be heard, tried and determined by preference, in the same manner as if the proceedings had originally been instituted therein. D. sec. 3896; 9 A. R. 307; 13 A. R. 309; 11 A. R. 422. SEC. 1027. In all criminal cases where a change of venue shall be Sentence to be executed, by ordered, the sentence and judgment of the court shall be executed whom. by the sheriff of the parish to which such cause may have been removed. D. sec. 3897. SEC. 1028. No change of venue in a criminal case shall be awarded No change of until the party accused shall be arraigned and shall have pleaded not venue before guilty. SEC. 1029. D. sec. 3898. arraignment. transferred venue is award When a change of venue shall be awarded on the application of a party in actual custody, it shall be the duty of the sheriff Prisoner to be immediately to convey the party to the parish to which the cause shall when change of have been removed, and to deliver him to the sheriff of said parish, ed. whose duty it shall be to hold him in safe custody until otherwise ordered by the court. D. sec. 3899. Prisoner on bail and sureties to appear where the cause has been transferred to. Mode of chang- Provided. Judgment on forfeited bonds and recognizan. ces, how ren. dered. SEC. 1030. When a party obtaining a change of venue shall be at large upon bail, or in the custody of his securities, it shall be his 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 removed, 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. D. sec. 3900. SEC. 1031. No change of venue in a criminal case shall be awarded until the party accused shall have been arraigned and shall have pleaded "not guilty." But the accused may, before arraignment and plea of "not guilty" entered, make application to the judge in chambers for a change of venue; provided, that such application shall be considered as a full answer to the indictment in the same manner as if said accused had pleaded "not guilty." Act 1857, p. 181; Voorhies' Cr. Jur., p. 141. FORFEITURE OF BONDS AND RECOGNIZANCES. SEC. 1032. It shall be the duty of the attorney-general and the several district attorneys in their respective districts, on the second, or any other day thereafter of each regular jury term of the district court, leave of the court being first had and obtained, which leave shall always be presumed, to call any or all persons who may have entered into any bond, recognizance or obligation whatsoever, for their appearance or attendance at court, and also to call on the securities to produce instanter, in open court, the person of such defendant or party accused; and upon failure to comply therewith, on motion of the attorney representing the State, the court shall forthwith enter up judgment against principal and securities in solido for the full amount of the bond, recognizance or obligation. The judgment so rendered may at any time during the same term of the court for all the parishes of the State, except the parish of Orleans, How set aside. and for the parish of Orleans at any time within ten judicial days after notice of the judgment to the parties, be set aside upon the appearance, trial, conviction and punishment of the defendant or party accused. Such judgment shall not be rendered in case it shall be made to appear to the satisfaction of the court, by the evidence of one or |