« PředchozíPokračovat »
criminal law, and besides the other qualifications as provided for by law, to become a candidate either at a primary or at the general election for said position, he must either be a regularly licensed attorney at law, or must hold a certificate of the said qualifications from a Board of Examiners to be composed of the District Judge, the District Attorney and a member of the Bar residing in the said Parish of St. Bernard; the said member of the local Bar to be named by the District Judge, and to hold the said office for the term of office of the said District Judge, the said District Judge not having the right to change the said member, or to appoint another, except upon the resignation of the said member, or upon his becoming disqualified.
Mayor's Court, City Court and Officers Thereof.
3848. [Sec. 2, Act 160, 1910, p. 240.] There shall be a mayor's court for each city, town or village, with jurisdiction over all violations of municipal ordinances and the mayor shall have power and authority to try all breaches of said ordinances, and impose fines or imprisonment, or both, provided for the infraction thereof, provided that in wards containing cities of more than five thousand inhabitants, there shall be elected by the voters of the ward, for a term of four years, a City Judge who shall possess at least the qualifications now prescribed by law for justices of the peace, with civil jurisdiction as now conferred upon Justices of the Peace and criminal jurisdiction for the trial of cases not punishable by imprisonment at hard labor; and all violations of municipal and parochial ordinances, and the holding of preliminary examinations in all cases where the punishment does not exceed imprisonment at hard labor for a term of five years. He shall in civil cases receive such fees as are paid to Justices of the Peace, and, for compensation in all other matters he shall be paid a salary, payable monthly on his own warrant, to be fixed by the municipality and the Police Jury of the Parish in such sum as they may agree upon, and to be divided between them. Said salary shall not be decreased during the term of office of the Judge.
He shall be his own clerk, and shall keep a docket record of the proceedings in civil and criminal cases.
In all criminal cases, in prosecution under the State laws it shall not be necessary to file an information or indictment against
the accused but the accused shall be prosecuted under an affidavit setting forth such particulars therein as may be necessary to enable him to make a proper defense.
Upon the election of said City Judge the office or offices of Justice of the Peace in the ward shall be ipso facto abolished.
In the event of the absence of the City Judge, or his inability to act from any cause, the Judge of the District in which said city lies, or the City Judge, in the absence of the District Judge from the Parish shall appoint some good and competent person to preside as City Judge pro tempore of said Court, provided that the said City Judge shall have the right to recuse himself, or to be recused in any case in which he is incapacitated, which recusation shall be for the same causes now applicable to District Judges, and the City Judge in the event of his recusation shall have the right to appoint any competent person to try the said cause in which he is recused.
As compensation for the City Judge pro tempore, there shall be deducted from the emoluments of the City Judge, all fees in the causes in which said Judge pro tempore presides, and in the absence or inability of the City Judge, said Judge pro tempore shall receive in addition the pro rata share of the salary of the City Judge, during the period he actually serves, to be deducted from the salary of the City Judge.
For every City Court there shall be a Marshal who shall be elected at the same time as the City Judge, by the voters of the ward, who shall hold his office for the term of four years. His salary shall be fixed by the Police Jury and the Board of Aldermen payable monthly on his own warrant in such sums as the said Boards may agree upon, and to be divided between them.
He shall also have the same powers as constable in the Justice of the Peace Courts, and shall receive in civil matters the same compensation as are now or may hereafter be paid to said constables. Before qualifying, he shall be compelled to furnish a bond in the same amount, and with the same responsibilities as now are, or may hereafter be attached to constables of Justice of the Peace Courts.
In the event of the Marshal's absence or inability to act for any cause, any duly qualified deputy sheriff who may be acceptable to the City Judge, can act in his place and stead. The city within which said City Court is located shall provide a suitable place for holding said Court.
CITY COURT OF BATON ROUGE.
3849. [Sec. 16, Act 169, 1898, p. 333.] From and after the first Monday of April, 1900, the office of Justice of the Peace of the First and Second Wards of the Parish of East Baton Rouge, shall be and they are hereby abolished.
In their stead is created the City Court of the City of Baton Rouge, and after said date all powers, duties and jurisdiction of Justices of the Peace under the Constitution and laws of the State, shall be exercised by and vested in a City Judge of the City of Baton Rouge. He shall be a practicing attorney and shall have jurisdiction for the trial and punishment of persons charged with offenses against the State not punishable at hard labor under the laws of this State. He shall further have jurisdiction of violations of Municipal, Board of Health and Parochial ordinances, prosecutions of criminal cases, when the offense is against the State or Parish, shall be by affidavit stating briefly the nature and cause of the accusation and the holding of preliminary examination in cases not capital.
In civil matters, appeals from the judgment of this Court shall be granted to the District Court under the same terms and conditions as appeals from judgment rendered by Justices of the Peace.
District Attorney's Fee; May Appoint an Assistant.
Persons convicted of misdemeanor or violations of the parochial, Board of Health or city ordinances may take appeal returnable to the District Court as in civil cases, upon giving bond in good and solvent security in favor of the City Judge for the amount of fine imposed and all costs of Court. In such cases the trial shall be de novo and without a jury. In all cases of conviction for offenses against the State and Parish, where the District Attorney makes an appearance in person or through an assistant appointed by him, who shall be a qualified attorney-atlaw; he shall be entitled to the fee provided by law in such cases, the same to be paid by the City of Baton Rouge, and all fines collected shall be paid into the City Treasury of the City of Baton Rouge.
Office and Records of City Judge.
The City Judge shall hold his office at the City Hall and in addition to the other records of his office, shall keep an indexed record of all cases tried under City Ordinances, Police Jury and Board of Health ordinances, and a special index record of all cases of violations of State laws, and in all these records shall be set down the charge, the judgment and the fact of payment or non-payment of fine, if such be imposed.
It shall be the duty of the Chief of Police to collect all fines and pay the same over to the City Treasurer from day to day as collected and take his receipt for the same.
May Issue Warrant for Fugitive.
In cases where any person has violated a City Ordinance, Police Jury or Board of Health ordinance, or committed an offense against the State, not punishable at hard labor as above, and afterwards escaped beyond the corporate limits, the City Judge shall issue a warrant which shall be sufficient authority for any sheriff, deputy sheriff or constable to arrest such person and deliver him over to the proper city authority for trial.
The City Judge shall be elected by a plurality of votes cast at the municipal election, held pursuant to law and the provisions of the charter of the City of Baton Rouge.
Salary and Fees.
In civil matters, he shall receive the fees allowed by law to Justices of the Peace and in addition shall receive from the city a salary of One Hundred and Twenty-five Dollars ($125.00) per month, payable monthly.
Deputy Judge; His Qualifications.
The City Council shall elect an assistant or Deputy City Judge who shall serve during the term for which the City Judge is elected. He shall also be a practicing attorney and during the absence of the City Judge, shall perform all the duties and functions of that officer, and shall receive for such service during the period he serves as such the pay, fees and compensation that the City Judge would have been entitled to, had he performed the same.
City Judge's Leave of Absence.
The City Judge may be granted a vacation of thirty days, during each year, under the provisions of the foregoing paragraph. (Amd. Sec. 4, Act 161, 1910, p. 244.)
CITY COURT OF BOGALUSA.
[Sec. 45, Act 13, 1914, p. 31.] There is hereby established in Ward 4 of the Parish of Washington, as provided in Article 96 of the Constitution of 1913, a City Court, which shall have within said ward the civil jurisdiction now vested in Justices of the Peace, exclusive criminal jurisdiction to try offenses not punishable by imprisonment at hard labor under the laws of the State, exclusive jurisdiction of all violations of municipal and parochial ordinances, jurisdiction of preliminary examinations in cases not capital, and jurisdiction to put persons charged before it under peace bonds. The Judge of said court shall be elected for four years by the qualified voters of Ward 4 of the Parish of Washington at the November Congressional Election of the year 1914, and his successor shall be elected every four years thereafter. As soon as he is elected and qualified, the offices of Justice of the Peace in said Fourth ward as now existing shall be abolished, and cases pending before such justices shall be transferred to the said city court.
The City Judge so elected shall be an attorney at law who shall have practiced law for at least two years prior to his election. He may practice in all other courts of the State except in cases on appeal from his own court.
Appeals from the judgment of the City Court in civil matters and from all orders of said court requiring a peace bond, shall lie to the District Court for Washington Parish, under the same terms and conditions as appeals from judgments rendered by Justices of the Peace, and such appeals shall be returnable to the District Court within ten days from the taking of the appeal. Persons convicted of violations of City or parochial ordinances or ordinances of the State or Parish Board of Health, may appeal to the District Court, upon giving security for fines and costs of court in such sum as may be fixed by the city Judge, and in such cases the trial shall be de novo and without a jury. Appeals in misdemeanors shall lie to the Supreme Court, on questions of law alone, where a fine exceeding three hundred dollars, or imprisonment exceeding three months is actually imposed. Such appeals shall be returnable in the same manner as appeals in criminal cases from the District Court to the Supreme Court.
The court presided over by said City Judge shall be known and designated as "The City Court of Bogalusa."