violation of the ordinances of such parish, city or other municipal Remission of fines prohibited corporation, it shall not be competent for such court or judicial officer to remit any portion of such fine or imprisonment, nor to alter or amend the sentence, judgment or order whereby such fine or imprisonment shall have been adjudged. D. sec. 1520, 1956, 2472, 2631, 2725, 2762; Act 1868, p. 171. common coun cil. SEC. 1071. Whenever it shall or may be alleged that any fine or imprisonment so imposed is excessive, or that, for any reason, the same Abatement by ought to be abated or remitted in whole or in part, it shall be done, in police jury of the case it be a fine or imprisonment imposed under a law of the State, in the manner which may be directed by law; and if it be a fine or imprisonment imposed by the ordinances of a police jury the same may be so remitted or abated only when the judge of the parish shall recommend the same to the police jury, and the police jury shall consent to the same; and when the same shall have been imposed under an ordinance of any city or other municipal corporation, then said fine or imprisonment may be so abated or remitted only upon the recommendation of the mayor or other chief magistrate thereof, and the consent of the least numerous branch of the municipal legislative body, and not otherwise. D. sec. 1521, 1957, 2086, 2631, 2763. CRIMINAL PROCEEDINGS IN PARISH COURTS. SEC. 1072. (Police jury of each parish to appoint a district attorney pro tem.) See D. 1178; Act 1874, p. 81. D. sec. 2032, 2760; Act 1868, p. 156; 30 A. 657. SEC. 1073. (Term of office.) See D. 1179. D. sec. 2033; 30 A. 657. SEC. 1074. (Duties of district attorneys pro tem.) See D. 1180. Sax. 1075. (Cɔnducting prosecutions in criminal cases.) See D. 1181. SEC. 1076. (Accused may elect to waive trial by jury in parish courts.) Repealed. 31 A. 717; D. sec. 1182, 2036; Act 1877, Ex. S., p. 63, No. 33. SEC. 1077. (When trial by jury is waived parish court shall have jurisdiction.) Repealed. D. sec. 1183, 2037. SEC. 1078. (When jury is waived in district court the case may be sent to the parish court.) Repealed. D. sec. 1184, 2038. SEC. 1079. (Forfeited recognizance bonds-how to obtain judgment.) See D. 1185. D. sec. 2039; 3 A. R. 225; 5 A. R. 744; 6 A. R. 260; 11 A. R. 626; 12 A. SEC. 1080. (District attorneys pro tem. to act as parish attorneys.) See D. 1186. D. sec. 2040, 2761. SEC. 1081. (Fees and compensation.) See D. 1187. D. sec. 2041. SEC. 1082. (Written reports to attorney-general.) See D. 1188. DUTIES OF SHERIFFS, ETC., IN CRIMINAL PROCEEDINGS. SEC. 1083. It shall be the duty of the sheriff, by himself or his Duty of sheriff deputy, the coroner or constable in whose hands any writ of arrest, to make arrests bench warrant or other order to arrest any person charged with com or his deputy forthwith. miting any criminal offence has been placed, forthwith to arrest such person, and to take him before the officer authorized to examine the case, if the accused has not already been indicted, or an information filed against him. If an indictment or information has been filed against the accused, the officer making the arrest under the warrant issued on such indictment or information shall confine the accused in jail until he executes such bond as may be required of him by the judge of the court before whom the indictment or information was filed; and if the accused is to be examined before any committing Custody of ac- Officer, the sheriff or other officer shall hold the accused in custody until the close of the examination; and if required to give bond, the accused shall be confined in jail until he complies with the order of the committing officer; and in either of the above cases, if the offence be not bailable, the accused shall be carefully confined in jail until discharged according to law. cused. Sheriff may call for assistance when necessary D. sec. 1949, 3589; Act 1868, p. 161. SEC. 1084, The sheriff or his deputy, or the coroner or constable in whose hands any warrant to arrest a person accused of any crime 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 author ized to make arrests, to report to the next grand jury any such delinquency or failure to assist such officer. D. sec. 971, 3590. any writ or Return of writ to be made in J SEC 1085. The sheriff or other officer in whose hands order of arrest is placed, ordering the arrest of any person accused of ten days. crime, shall, within ten days after such writ is placed in his hands, if he has not made the arrest, make return of such writ to the court or officer by whom the same was issued, under oath, stating the reason of his inability to make the arrest, and that he has used every means in his power to make such arrest; that the accused has either fled from the parish or so securely conceals himself that he has not, after careful search in good faith, been able to find him. Such return shall be made on a copy of the original writ, which copy shall be filed with the officer issuing the original writ, and the original writ shall remain in the hands of the officer ordered to make the arrest, and under which he is still to proceed to make the arrest; and such original writ shall be sufficient warrant at all times for the officer to make the arrest in any parish in this State without further certificate or formality. And it shall be the duty of the officer holding the war- Warrants may rant of arrest to pursue the accused into any parish in this State, and any parish. there to arrest him under such warrant; and when the arrest is made out of the parish from which the warrant is issued, the prisoner is to be conveyed to the parish where the writ issued, for examination or Imprisonment. D. sec. 1951, 3591. be executed in fined or sus SEC. 1086. If the sheriff or his deputy, or the coroner or constable, in whose hands a writ or order of arrest has been placed, shall fail to Sheriff may be make such arrest, or fail to make the return showing the reason why pended by judge for neglect of he has not done so, and the other facts under oath, as required by duty. this act, such fact being brought to the knowledge of the district or parish court by the district attorney or the district attorney pro tempore, whose duty it shall be, if it shall come to their knownedge that there has been such delinquency, to bring the same to the knowledge of the court in a written statement to that effect filed in court; or if any other person shall, in a written statement filed in court and sworn to by them, bring such delinquency to the knowledge of the court, the court, after two days' notice to the delinquent of such statement being filed, shall proceed to hear the excuse of the delinquent, which shall be on oath and in writing, and such other evidence as either party may offer; and if it shall appear, he has failed or refused properly to discharge the duties of his office, as required by law and this act, the judge shall suspend him from the discharge of the duties of his office; and it shall be the duty of the judge to forward to the gov Judges to have supervisory control over of ficers. Complaint may be made by district attorney or any other person. ernor of the State a copy of the proceedings and order of suspension, to be by him laid before the legislature at its next session for their action, in either reinstating the officer or dismissing him permanently from office; and that during his suspension the coroner of the parish, or, in the event of his absence or inability to act, or the office being vacant, the judge shall appoint some constable of the parish to act in his place, who shall have all the fees and emoluments of the office, and shall also, for the same reason, should such occur, be dismissed from office and another appointed. If the suspension from office is affirmed by the general assembly, then the vacancy shall be filled as other vacancies; the officer acting in the place of the one suspended shall continue to act until the vacancy is filled. D. sec. 1177, 1637, 1952, 3592. SEC. 1087. It is the spirit and intention of this act that the several judges in this State shall have a general supervisory control over the officers appointed by the law to execute the writs issuing from and the orders of their courts. It shall therefore be the duty of the several judges of the courts of this State, and they are hereby author. ized whenever the sheriff or his deputy or deputies, or the coroner or constable authorized to execute or serve any order or writ emanating from or in the name of any court in term time, or out of term time, shall neglect, fail or refuse to do his duty in the premises, if such neglect, failure or refusal shall occur in the presence of the judge or court, the officer shall be deemed in contempt of the court, and the judge may, in his discretion, fine such officer in a sum not exceeding five hundred dollars for each offence, and imprison him in the common jail not exceeding thirty days, and suspend him from the execution of his office, and supply his place as is provided for in section one thousand and eighty-six of this act. He may inflict any one or all of the above penalties. If the neglect, failure or refusal of such offieer to perform his duties does not take place in the presence of the judge, but is brought to the notice of the judge, either in vacation or term time, by the written accusation of the district attorney, district attorney pro tempore, or by any other person (if by any other person, sworn to by such person), the delinquent shall be notified, by the service of such written notice on him at least two days, to appear before the judge at the time and place fixed by the judge, in an order to be issued by him, to try such alleged delinquency; and if, upon such trial, which shall be summary and without a jury, the party is found guilty of such delinquency of duty, he shall be considered in contempt of court, and be fined, imprisoned and suspended from office, or either or all, in the discretion of the judge, as is provided in this section, when the contempt occurs in his presence. If it be a deputy of any of such officers, then the deputy shall be subject to the fine and imprisonment, or either, above fixed, and shall be absolutely prohibited from acting in the capacity of deputy thereafter. In the trial or execution of the sentence of the sheriff or any of his deputies for contempt, as herein provided for, the coroner or any constable of the parish named by the judge shall act; and if there be neither coroner nor constable at hand, the judge shall appoint some suitable person to act in executing his order, who may be dismissed or suspended at the discretion of the judge; and if it be the coroner who is in con- Appointment of tempt, the sheriff or any of his deputies or constable may act; and if it be the constable who is in contempt the sheriff or any of his deputies, or the coroner may act; and in all cases, if there be no officer at hand to act, the court shall appoint some proper person to do so. D. sec. 1953, 3593.. a person to act as sheriff. Sheriff and his ure to serve process. SEC. 1088. A neglect, failure or refusal of any sheriff or his deputies, or the coroner, or constable, to serve any citation, levy any attachment, provisional seizure, sequestration, injunction, execution, sureties liable in damages to arrest or other legal process, in either a civil or criminal proceeding, parties for tailby which any person, the State, parish, municipal corporation or other corporation, or persons ordering the same, shall be injured, or lose their recourse on the claim sued on, or on the property which was liable to seizure under any of such writs at the time they were placed in the hands of such officer, said officer shall be responsible, as well as his securities on his official bonds, to the party so injured or damaged, for the full amount owing on the claim sued on, or the writ he has failed to execute, or other damage. And proof by the party injured that the failure of the said officer to serve the citation er other writ on the proper party, or that he made illegal service thereof, so that prescription barred the claim, or the court was deprived of jurisdiction, or that when the writ of attachment, provisional seizure, sequestration, injunction, execution, arrest or other legal process was placed in such officer's hands, the party or parties against whom such writs were issued had property, rights or credits liable to seizure, and within the jurisdiction of such officer, and he failed to seize the same, shall be prima facie evidence of liability of such officer and his securities on his official bond for the amount of such writ; provided, always, that the sheriff or other officer shall have the right provided. to require an indemnifying bond in cases now provided by law. D. sec. 1954, 3594. SEC. 1089. Any clerk of the court who shall neglect, fail or refuse to issue any copy, paper, citation, writ or other process, when so re- Neglect or re quired to do by any party or their counsel authorized to require such fusal of clerks. |