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clerk and shall keep a docket record of the proceedings in Civil, and Criminal cases. (Amd. Act 12, 1910, p. 19.)
Duties of Marshal.
3863. [Sec. 5.] The Marshal shall be the executive officer of said Court, and in the execution of its orders and mandates and making arrests and preserving the public peace he shall have the powers of a sheriff. His qualifications shall be the same as those of a Constable of a Justice of the Peace Court, and in Civil matters his fees shall be likewise the same. He shall receive no fees in Criminal cases, including Peace Bond cases, but shall receive a salary of Nine Hundred Dollars (900.00) per annum payable monthly on his own warrant; one-half (2) of which amount from the city of Lake Charles, and the other one-half (12) from the Parish of Calcasieu. Before entering upon the discharge of his duties he shall give bond in the sum of One Thousand Dollars (1000.00) according to law, for the faithful performance of his duties. He shall have the right to appoint one deputy on the approval of the court, but shall be responsible for his actions. 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 Lake Charles 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. (Amd. Act 12, 1910, p. 19.)
CITY COURT OF MONROE.
3864. [Sec. 1, Act 138, 1898, p. 250.] In the Third and Tenth wards of the parish of Ouachita, containing the city of Monroe, of more than five thousand inhabitants, the offices of justice of the peace and constable shall be abolished on and after the Tuesday next following the third Monday in April A. D. 1900; provided, that the justices of the peace and constables in said wards shall continue to discharge the duties of their respective offices until the court created by this act shall have been organized.
Instead of the justices of the peace courts in said wards, there shall be established a court of inferior jurisdiction, styled the "City Court of the City of Monroe," consisting of a judge and marshal, who shall be elected at the general State elections in April, A. D. 1900, and every four years thereafter.
3866. [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 wards, and not punishable by imprisonment at hard labor under the laws of the State, and of violations of the ordinances of the city of Monroe and of the ordinances of the police jury of the parish of Ouachita within the limits of said wards, with power to arrest, examine, commit and discharge in all cases not punishable at hard labor for more than two years.
Qualifications of Judge.
3867. [Sec. 4.] The judge of said city court shall be an actual resident and free holder of the city of Monroe, for one year next preceding his election, and an elector of said wards. In civil cases he shall receive the same fees as justices of the peace. He shall receive no fees in criminal matters including peace bond cases, but shall receive an annual salary of six hundred dollars, payable monthly on his own warrant, one-half by the city of Monroe, and the other half by the parish of Ouachita. He shall be his own clerk and shall keep docket record of the proceedings in civil and criminal cases.
Duties of Marshal.
3868. [Sec. 5.]
The Marshal shall be the Executive Officer of said Court, and in the execution of its orders and mandates and in making arrests and preserving the public peace, shall have the power of a sheriff. He shall be a resident in and elector of one of said wards and in Civil matters shall receive the same fees as Constables. He shall receive no fees in criminal matters, including peace bonds cases, but shall receive an annual salary of nine hundred dollars, payable monthly on his own warrant, one-half by the city of Monroe and the other half by the parish of Ouachita. Before entering upon the discharge of the duties of his office, he shall give bond in the sum of One Thousand Dollars, for the faithful performance of his duty. He shall have the right to appoint one or more deputies, on the approval of the court, and shall be re
sponsible for their actions. In cases of a vacancy in the office of marshal, the Court may appoint a Marshal for the remainder of the term. It shall be the duty of the police officers of the city of Monroe, in conjunction with the Marshal, to execute the warrants of the Court in 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 direction of the court. (Amd. Act 255, 1908, p. 375.)
CITY COURTS OF NEW ORLEANS.
The said city courts
3869. [Sec. 5, Act 45, 1880, p. 45.] [i. e., of New Orleans] shall hold their sessions within the limits of their respective jurisdictions every day in the year, legal holidays only excepted, from 9 a. m. to 4 p. m., in suitable rooms to be provided by the city of New Orleans.
CITY CRIMINAL COURTS, NEW ORLEANS.
3870. [Sec. 1, Act 123, 1898, p. 179.] The City of New Orleans shall provide suitable accommodations for the First and Second City Criminal Courts, established by Article 140, of the Constitution of 1898, to be ready for the transaction of business after the election of its judges in November, 1898, say December 1st, 1898.
The City Council of New Orleans shall have full power to select the location or locations of these courts.
Stenographer. 3871. [Sec. 2.] The judges of said courts shall each appoint an official stenographer, removable at their pleasure, who shall be duly sworn to the faithful discharge of his duties. He shall receive a salary of fifteen hundred dollars per annum, payable in monthly installments by the City of New Orleans, and shall also be a deputy clerk. It shall be his duty to take verbatim notes of all the testimony in cases heard before said courts; but his notes need not be transcribed except in cases of appeal, or when the cause is remanded to or comes before the Criminal District Court, or where, in the interest of public justice, the judge orders its transcription. When the testimony is transcribed it shall be certified to by the stenographer and signed by the judge. It need not be signed by the witnesses, but the judge or either
party may require the testimony to be read to the witnesses for the purpose of correcting errors, omissions, or inaccuracies. When the testimony so taken is certified to by the stenographer and signed by the judge, it may be used as evidence in any subsequent judicial proceedings in case of the death or absence of the witness from the State.
The evidence taken down is admissible in a subsequent proceeding only in case of the death or permanent absence of other witness, State vs. Banks, 106 La. 480.
The testimony if taken in conformity with this Section makes full proof of itself, State vs. Banks, 106 La. 482; State vs. Bolden, 109 La. 486.
Duties of Criminal Sheriff.
3872. [Sec. 3.] The Criminal Sheriff of the Parish of Orleans shall be the executive officer of said Courts, and shall appoint six Deputy Sheriffs for each of said Courts to execute their orders and decrees, the salaries of five of these Deputy Sheriffs shall be the same as those paid to the Deputy Sheriffs in the Criminal District Court. The Criminal Sheriff for the Parish of Orleans shall appoint a Deputy Sheriff for each of the said Courts, who shall in addition to their duties as Sheriffs, act as crier of said Courts, at an annual salary of one thousand dollars, and the Council of the City of New Orleans shall provide for the payment thereof according to law. All fines imposed by the Courts shall be paid to the Criminal Sheriff for the Parish of Orleans, who shall account therefor to the City of New Orleans, as in the case of fines imposed by the Criminal District Courts. (Amd. Act 25, 1900, p. 35.)
3873. [Sec. 4.] The judges of said courts shall each appoint one chief clerk at a salary of twelve hundred dollars per annum, and two assistants at a salary each of twelve hundred dollars per annum, removable at the pleasure of said judges. The clerks shall have the power of administering oaths. (Amd. Act 29, 1914, p. 93.)
Transfer of Cases.
3874. [Sec. 5.] All causes and proceedings whatsoever pending in the Criminal District Court on the 30th of November, 1898, and as to which the First and Second Criminal Courts have jurisdiction under the Constitution shall be transferred to said courts respectively. All cases occurring in the First, Fourth, Sixth and Seventh Municipal Districts shall be transferred to the
First City Criminal Court, and those occurring in the Second, Third and Fifth Municipal Districts shall be transferred to the Second City Criminal Court.
Transfer of Indictments.
3875. [Sec. 6.] Whenever the Grand Jury for the Parish of Orleans shall file an indictment in the Criminal District Court charging an offense of which the City Criminal Courts have jurisdiction, the indictment shall be immediately transferred to the lower court having jurisdiction of the cause for all further proceedings thereunder.
3876. [Sec. 7.] Offenses committed in one jurisdiction of the City Criminal Courts and completed in another or within fifty feet of the boundary line between the two jurisdictions, may be tried in either court. The court in which the prosecution is first instituted shall have jurisdiction.
Mode of Prosecuting.
3877. [Sec. 8.] That prosecutions may be on affidavits, provided that they shall be governed in all respects by the rules pertaining to indictments and informations as to its essential allegations.
Transfer of Cases.
3878. [Sec. 9.] If in the trial or investigation of cases be fore the City Criminal Courts it should be found that several offenses grow out of the same state of facts, of which the lower and higher courts respectively have jurisdiction, the lesser offense shall be merged in the greater, and the judge shall remand the cause for further proceedings to the Criminal District Court, which court shall have exclusive jurisdiction of same. On the trial of such cases, however, an accused may be convicted of the lesser offense whether charge is a separate count or not.
3879. [Sec. 10.] On the trial of any cause the finding by the court of "guilty" or "not guilty" shall be endorsed with the date on the instrument upon which the accused is tried, whether an indictment, information or affidavit, and shall be signed by the judge on the day of such finding. Three days thereafter judgment shall be pronounced upon this finding, unless the accused waives the delay by asking for sentence, or unless a new trial has