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.

For What Felonies Sentence May Not Be Suspended.

2362. [Sec. 1, Act 74, 1914, p. 191.] Where there is a conviction of any felony in the District Court of this state, except murder, rape, perjury, burglary of a dwelling, robbery, arson, incest, bigamy, abortion, and assault with intent to rape, the court may suspend the sentence when the jury shall find in their verdict that the defendant has never before been convicted of a felony in this state or any other state and shall recommend that the sentence be suspended.

Testimony as to General Reputation.

2363. [Sec. 2.] The court shall permit testimony and submit the question in all felony trials, where there may be a conviction of any crime other than set out in section one hereof, as to the general reputation of the defendant to enable the jury to determine whether to recommend a suspension of sentence and as to whether the defendant has geen convicted of a felony, but such testimony shall be submitted only upon the request of the defendant, provided that in all cases sentence may be suspended if the jury recommends it in their verdict. Provided further that in such cases, if the sentence be suspended, neither the verdict of conviction nor judgment entered thereon shall become final, except under the conditions and in the manner and at the time provided for by Sec. 4 of this Act.

Suspension of Sentence.

2364. [Sec. 3.] When the jury recommends the suspension of sentence, the court may sentence the defendant, but suspend same, and the judgment of the court on that subject shall be that sentence of the judgment of conviction shall be suspended during good behavior of the defendant. By the term "Good Behavior" in this Act is meant that the defendant shall not be convicted of any felony during the time of such suspension.

Conviction of Other Felony During Suspension.

2365. [Sec. 4.] Upon the final conviction of the defendant of any other felony, pending the suspension of sentence, the court granting such suspension shall cause the arrest of the defendant if he is not then in the custody of the court, and during a term of the court shall pronounce sentence upon the original judgment of conviction, and shall cumulate the punishment of the first with the punishment of any subsequent conviction or convictions, and in such case no new trial shall be granted in the first conviction.

Dismissal at End of Suspension Period.

2366. [Sec. 5.] In any case of suspended sentence as provided herein, upon the expiration of the time assessed as punishment, the defendant may make his written and sworn application for a new trial and dismissal of such cases, stating therein, that since such former trial and conviction, he has not been convicted of any felony, and that there is not now pending against him any felony charge, which application shall be heard by the court during the first term after it is filed, and if it shall appear to the court upon the hearing of such application, that the defendant has not been convicted of any other felony, the court shall enter an order reciting the fact and shall grant the defendant a new trial and shall then dismiss said cause, provided further that if the defendant is prevented from disability or other good cause from applying to the court to have the judgment of conviction set aside at the time provided for, he may make such application at the first term when such physical disability or other good cause no longer exists.

After setting aside and dismissal of any judgment of conviction as herein provided for, the fact of such conviction shall not be shown or inquired into for any purpose, except where the defendant has again been indicted for a felony and seeks the benefit of this Act.

Other Charge Pending at End of Suspension Period.

2367. [Sec. 6.] If at the expiration of the time assessed as punishment, there be pending against the defendant any other charge of felony, the court shall upon the application of the defendant, which shall be in writing and shall state under his oath that he is not guilty of such charge, further suspend the sentence to await the final disposition of such other prosecution.

Misdemeanors.

2368. [Sec. 7.] When there is a conviction of a misdemeanor in any court in this state, the judge may suspend sentence if he shall find that the defendant has never before been convicted of any felony or misdemeanor. The court shall permit testimony as to the general reputation of the defendant and as to whether the defendant has been convicted of a misdemeanor or felony but such testimony shall be submitted only upon the request of the defendant. Provided further that if sentence is suspended neither the verdict of conviction nor the judgment entered thereon shall become final except under the conditions and in the manner and at the time provided for by Section 4 of this Act.

2369.

[Sec. 8.] When the judge suspends sentence as provided for in Section 7 the entire proceedings relative thereto shall be the same as set out in previous sections of this act applying the same to misdemeanors.

During Suspension Defendant Released on Own Recognizance.

2370. [Sec. 9.] When sentence is suspended the defendant shall be released upon his recognizance in such sum as may be fixed by the court during such suspension.

Clerk of Supreme Court to Send Down Certified Copy of Decree.

2371. [R. S. 1008.] Upon the final decision of any criminal cause in the Supreme Court, it shall be the duty of the clerk to transmit a certified copy of the decree to the court from which the appeal was taken, which shall be filed and ordered to be executed in the manner provided by law for civil cases.

CRIM

EXPENSES OF CRIMINAL PROSECUTIONS.

Each Parish to Pay Own Criminal Expenses.

2372. [R. S. 1042.] All expenses incurred in the different parishes of the State and in the City of New Orleans, by the arrest, confinement, maintenance and prosecution of persons accused or convicted of crimes, their removal to prison, the pay of witnesses, jurors and all expenses whatever attending criminal proceedings, shall be paid by the respective parishes in which the offence charged may have been committed,

or by the City of New Orleans, as the case may be, such expenses shall be paid by the parish treasurer, or by the city treasurer, as the case may be, after an account thereof shall be duly certified to be correct by the clerk of the court and the presiding judge thereof. (Re-enacted Act 16, 1884, p. 22.)

Police Jury vs. Sheriff, 131 La. 169; State ex rel. Sheriff vs. Treasurer, 30 A. 514.

The fees of counsel appointed to defend accused cannot be taxed as costs against the parish, State vs. Simmons, 43 A. 991.

Fixing Expenses.

2373. [R. S. 1043.] The fees, salaries and expenses to be paid by the local authorities, as above provided, shall be fixed and regulated by them, and until the same be done they shall remain as now fixed by law.

To Whom Forfeited Bonds and Fines Must Be Paid.

2374. [R. S. 1045.] All bonds and recognizances, and all fines and forfeitures incurred for crimes and offenses against the laws of this State shall belong to, and be paid into the treasury of the parish where such forfeited bonds and recognizances have been executed and in which such crimes or offences have been committed, or such fines and forfeitures have been incurred, and in the parish and city of New Orleans such forfeited bonds and recognizances and fines and forfeitures shall belong to and be paid into the treasury of said city. This section shall not be so construed as to affect in any manner the process for collecting forfeited bonds and recognizances and fines and forfeitures. (Re-enacted by Act 15, 1884, p. 22.)

Fines and Forfeited Bonds Go to School Board, Orleans Excepted.

2375. [Sec. 64, Act 214, 1902, p. 423.] All fines imposed by the several District Courts for violation of law and the amounts collected on all forfeited bonds in criminal cases, after deducting commissions, shall be paid over by the sheriff of the parish in which the same was imposed and collected, to the treasurers of the school boards in said parishes, and shall be applied to the support of the public schools as are applied the other funds levied for the purpose, the parish of Orleans excepted.

Parish Board vs. Sheriff, 112 La. 467.

Who Not Allowed Witness Fees.

2376. [R. S. 3948.] No sheriff, deputy sheriff, police officer or juror, while attending court as such, shall be allowed any compensation for attendance as a witness in any criminal case; nor shall any person be allowed for such an attendance more than is allowed in one case in the same day, or mileage for more than one case at a time.

How Fines Collected.

2377. [R. S. 1508.] When a fine shall be imposed by any court of justice for the non-attendance of any witness or juror, or for any other cause, it shall be the duty of the clerk to issue, within two judicial days, a writ of fieri facias, as the suit of the State, against the person on whom the fine shall have been imposed; fines shall not be imposed without a rule on the party to show cause, unless the circumstances of the case should, in the discretion of the court, require no delay.

Witnesses' Mileage and Per Diem.

2378. [Sec. 4, Act 7, 1877, E. S., p. 8.] In all preliminary criminal trials or proceedings and for attendance before grand juries, witnesses shall not be allowed any fees, per diem, or mileage, provided that witnesses subpoenaed upon final trials shall receive fees or per diem as may be fixed by the Police Juries of the several parishes, not to exceed one dollar per day and mileage not to exceed five cents for each mile necessarily traveled in going to and returning from court. (Amd. Act 17, 1896, p. 16.)

Officers Must Present Itemized Accounts for Fees and Costs. 2379. [Sec. 5.] All officers making charges for fees and costs against the parish shall still be required to present specific and itemized accounts duly approved under existing laws.

CURATORS OF INTERDICTS AND OF ABSENTEES.

Recording Curator's Bond.

2380. [R. S. 1100.] Before any person shall be appointed curator or representative of any person interdicted, or absentee, the bond required to be given, in order to obtain such appointment, shall be recorded in the book of mortgages in the parish