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The said City Judge shall receive in civil cases the fees allowed by law to justices of the peace, and for compensation in all other matters he shall be allowed a salary to be fixed by the Commission Council and the Police Jury of Washington Parish, and to be paid by the City of Bogalusa and the Police Jury in such proportion as they may agree upon.
The City Judge shall appoint his own clerk, who shall keep the minutes of the court and a docket record of proceedings in civil and criminal cases. And who shall have power to administer oaths and to sign all writs and process. The Clerk's compensation shall be fixed and paid by the Commission Council. He shall receive and receipt for all fines imposed by the City Judge, and shall give a bond in favor of the Commission Council in such sums as it shall fix.
At the November Congressional Election in 1914, there shall be elected for four years by the voters of Ward 4 in the said Parish of Washington a constable for said City Court, who shail receive in civil cases the fees provided by law for constables. In all other matters his fee shall be fixed and paid by the Commission Council and the Police Jury of Washington Parish in the same manner as is above provided for compensation of the City Judge.
All writs and process issued by the City Court in civil cases shall be served by said Constable, or by the Sheriff or a Deputy Sheriff. All writs and process in criminal matters which are to be served outside the limits of the City shall be served and executed by said Constable, or by the Sheriff or a Deputy Sheriff and within the city limits such writs and process may be served and executed by such officers, or by any member of the police force of the city.
All fines, forfeitures or bonds, costs, and penalties collected in the City Court shall go into the City Treasury to be disbursed as the Commission Council shall see fit and proper.
CITY COURT OF LAFAYETTE.
Justice of Peace in Lafayette Abolished.
3851. [Sec. 1, Act 191, 1910, p. 315.] In the Third Ward (3) of the Parish of Lafayette, containing the City of Lafayette of more than five thousand inhabitants, the offices of Justices of the Peace and Constables shall be and are hereby abolished on and after the promulgation of this Act.
City Court of the City of Lafayette Created.
3852. [Sec. 2.] [Sec. 2.] Instead of Justices of the Peace Court in said Ward there shall be established a Court of inferior jurisdiction to be styled the City Court of the City of Lafayette, consisting of a Judge and a Marshal who shall be elected at the General State Election in April A. D. 1912, and every four years thereafter, provided that upon the passage of this Act the Governor shall appoint the Judge and Marshal of said City Court to serve out the unexpired term of the said offices of Justices of the Peace and Constables abolished by Section One of this Act. Upon the appointment by the Governor of said City Judge and Marshal the offices of Justices of the Peace and Constables in said Ward shall be ipso facto abolished.
Jurisdiction. 3853. [Sec. 3.] [Sec. 3.] Said City Court shall have such civil jurisdiction as is now vested in Justices of the Peace and criminal jurisdiction of offenses committed in said Ward and not punishable by imprisonment at hard labor under the laws of this State. It shall have exclusive jurisdiction of the violation of the Ordinances of the City of Lafayette, and of the Ordinances of the Police Jury of the Parish of Lafayette within the limits of said Ward, with power to arrest, examine, bail, commit and discharge in all 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 judgments rendered by Justices of the Peace. Persons convicted of offenses or violations of Parochial and municipal ordinances may take an appeal returnable to the District Court as in Civil cases upon giving bond with good and solvent surety in favor of the City Judge and for the amount of fine imposed and all costs of Court. In such cases the trial shall be de novo and without a Jury. He shall hold his office at such place as may be provided by the City of Lafayette. He shall keep a docket of all civil and criminal proceedings had in said Court in which he shall set down the charge, the judgment and the fact of payment or non-payment of the fine, if such be imposed. It shall be his duty to collect all fines and pay the same over to the City Treasurer in case of the violation of a City Ordinance, or to the Parish Treasurer in case of offenses against the State and violations of Parochial ordinances as the case may be, from day to day as collected and
take receipt for same. In cases where any person has violated a City Ordinance or is charged with an offense or with violating a Parochial Ordinance within the limits of said Ward, and afterwards escapes beyond the limits of said Ward or beyond the corporate limits of said City, the City Judge shall issue a warrant which shall be sufficient authority for any Marshal, Sheriff, Deputy Sheriff or Constable to arrest such person and deliver him over to the City Court for trial.
Qualifications, Duties and Salary of Judge.
3854. [Sec. 4.] The Judge of said City Court shall be an actual resident and qualified elector of said Third Ward of the Parish of Lafayette and possessing the same qualifications as are now required of the Justice of the Peace. In civil cases he shall receive the same fee as Justices of the Peace; he shall receive no fees in criminal matters including peace bond cases, but shall receive an annual salary of Twelve Hundred ($1200) dollars, payable monthly on his own warrant, one half by the City of Lafayette and the other half by the Parish of Lafayette. He shall be his own clerk and shall keep a docket record of the proceedings in civil and criminal cases. (Amd. Act 298, 1914, p. 610.)
3855. [Sec. 5.] The Marshal shall be the executive officer of said Court and in the execution of its orders and mandates and in making arrest and preserving the public peace he shall have the powers of a sheriff or constable. He shall be a resident and qualified elector of said Ward and in civil matters shall receive the same fees as a constable, he shall receive no fees in criminal matters including peace bond cases, but shall receive an annual salary of Seven Hundred and Twenty Dollars, payable monthly on his own warrant, one half by the City of Lafayette, and the other half by the Parish of Lafayette. Before entering upon the discharge of the duties of his office he shall give bond in the sum of One Thousand Dollars according to law for the faithful performance of his duty.
In the case of a vacancy in the office of Marshal the Court may appoint a Marshal pro tem or for the remainder of the term. In the former case the court shall fix the bond of such officer and in the latter bond shall be given as is required in this Section. It shall be the duty of the Police officers of the City
of Lafayette in conjunction with the Marshal to execute the warrants of the Court within the City limits, and it shall be the duty of the Sheriff and his deputies to execute any warrants of the Court addressed to them or placed in their hands by the direction of the Court.
Prosecution in Criminal Cases to Be by Affidavit.
3856. [Sec. 6.] Prosecution of criminal cases before the City Court shall be an affidavit stating briefly the nature and cause of the accusation. The defendant shall have time and compulsory process to procure the attendance of his witnesses but not more than six witnesses shall be summoned for the prosecution or for the defense except on leave of the Court on proper showing of necessity made by affidavit. The Court shall always be open for the transaction of criminal business and for civil business except on Sundays and legal holidays.
Judge ad Hoc.
3857. [Sec. 7.] In the event of sickness, recusation or absence of the City Judge the District Judge shall appoint and swear an elector having the qualifications required of the Judge of the said City Court to act as Judge ad hoc, provided that in the absence of the District Judge the City Judge shall appoint the Judge ad hoc. The cause of recusation by the City Judge shall be the same as those for the District Judge. 298, 1914, p. 610.)
Appeals to District Court.
3858. [Séc. 8.] The District Court of the Parish of Lafayette shall have jurisdiction of appeals from this Court in all civil matters regardless of the amount in dispute under the rules now governing appeals from the Justices of the Peace Courts and of all orders requiring a peace bond. Persons sentenced to a fine or imprisonment by said City Court shall be entitled to an appeal to the District Court of the Parish upon giving security for fine and costs of Court, and in such cases trial shall be de novo and without Jury.
CITY COURT OF LAKE CHARLES.
3859. [Sec. 1, Act 51, 1902, p. 73.] The office of Justice of the Peace and Constable in and for the Third (3rd) Ward of
the Parish of Calcasieu, containing the City of Lake Charles, a city of more than Five Thousand (5,000) inhabitants, shall be abolished after the term of office of the present incumbents shall have expired, or their offices shall have become vacant by their resignation, death or removal.
3860. [Sec. 2.] Superseding the Justice of the Peace Courts, there shall be established a Court of inferior jurisdiction to be styled the City Court of the City of Lake Charles, to be composed of a Judge, a Marshal, who shall be elected at the general State election in April, 1904, and every four (4) years thereafter, provided that in the event the vacancy of the said offices before the expiration of the term of the officers thereof, for any of the reasons enumerated in Sec. 1, of this Act, then the said Court shall be created by the appointment of the Governor, the Judge and Marshal so appointed serving out the unexpired terms of the officers so superseded.
3861. [Sec. 3.] Said City Court shall have such civil jurisdiction as is now vested in Justices of the Peace, and criminal jurisdiction of offences committed in said ward and not punishable by imprisonment at hard labor under the laws of this State, and exclusively of violations of the ordinances of the City of Lake Charles, and of the ordinances of the Police Jury of the Parish of Calcasieu within the limits of the said ward; with the powers to arrest, examine, commit and discharge in all cases not capital. Persons sentenced to a fine or imprisonment by said City Court shall be entitled to an appeal to the District Court of the Parish, upon giving security for fine and costs of Court, and in such cases shall be de novo and without Juries.
Qualification and Salary of Judge.
3862. [Sec. 4.] The qualifications of the Judge of the said City Court shall be the same as is now required of the Justices of the peace. In Civil Cases, he shall receive the same fees as Justices of the Peace in Criminal matters, including Peace Bond cases, he shall receive no fees, but in lieu thereof he shall receive an annual salary of Twelve Hundred Dollars (1200.00), payable monthly, on his own warrant; one-half (12) of which amount he shall receive from the City of Lake Charles, and onehalf (2) from the Parish of Calcasieu. He shall be his own