« PředchozíPokračovat »
been moved. A new trial may be moved any time before sentence and the judgment of the court on the trial of such motion shall be endorsed with the date and signed by the judge on the reverse of the instrument upon which defendant was tried. If the application is refused, the court shall then and there pronounce sentence, which judgment, as in the case of the others shall also be endorsed with the date and signed by the judge on the back of the instrument.
3880. [Sec. 11.] All appeals taken from the judgments of the City Criminal Courts shall be by oral or written motion in open court within three judicial days after the rendition of final judgment. They shall be returnable to the Criminal District Court within five days, but upon application to the appellate court this term may, in case of necessity, be extended.
Transcript of Appeal.
[Sec. 12.] In case of appeal it shall be the duty of the stenographer, immediately, to transcribe all his notes and turn them over to the chief clerk, whose duty it shall be to prepare the record for the appellate court. This will consist of the affidavit, information or indictment, bond, testimony and every document, instrument, property or thing whatsoever in possession of the court, filed in or pertaining to the cause. The clerk shall make, in duplicate, a list of each specific thing, or document in the record, whose correctness shall be certified to by the judge on one of the lists. This record and all that it contains and the signed list shall then be filed with the clerk of the Criminal District Court who will receipt for same by signing the other list. When the appeal is taken it divests the City Criminal Courts of all further jurisdiction in the case.
3882. [Sec. 13.] In no case shall an appellant be responsible for any errors, omissions or oversights in the record of appeals. The chief clerk, or in his absence, the clerk designated by the judge, shall prepare the record and shall be responsible for its errors and omissions, or for any failure to faithfully discharge his duties in relation to it. Any dereliction in this respect shall be punishable as to a contempt by the appellate court.
3883. [Sec. 14.] In excepting to the ruling of the court on any question of law or of fact no formal bill of exception shall be
required, but the point reserved shall be stated and taken down by the stenographer, as also the reply of the opposing party, and the ruling of the court, and these shall stand in lieu of a bill.
Vacation of Judges.
3884. [Sec. 15.] Each of the judges of the City Criminal Courts shall have an annual vacation of two months between June the first and October the first of each year, the time to be arranged between themselves, provided, that one of the courts shall always be in session.
Absence of Judge.
3885. [Sec. 16.] In case of the absence of one of the judges of the City Criminal Courts on account of his vacation or on account of sickness, disability, recusation, or vacancy in the office, any accused confined in jail and unable to give bond, may, by motion in open court, have his case transferred for trial to the court in session, and such cases and all jail cases shall be tried by pref
3886. [Sec. 17.] In all other respects not provided for in this act and not conflicting herewith the proceedings before the City Criminal Courts shall be in accordance with existing laws.
RECORDERS' COURTS, NEW ORLEANS.
Number and Qualifications of Recorders.
[Sec. 21, Act 159, 1912, p. 270.]
There shall be four
Recorders Courts, three of which shall be known as day Courts, and one of which shall be a Night Court. The territorial jurisdiction of each Court shall be defined by the Commission Council of the City of New Orleans, and said Commission Council shall be empowered to transfer the judges thereof from one jurisdiction to another, to fix the hours of holding said Courts, and the method and mode of procedure. There shall be one judge for each of said Courts, including the said Night Court, who shall be chosen by the said Commission Council as hereinabove provided. The said judges shall be at least thirty-five years of age, and residents of the City of New Orleans for at least five years prior to their election.
The said judge of the Night Court shall have general territorial jurisdiction to try summarily all cases where the defend
ants so elects. In all cases in the Night Court where an affidavit has been granted the case shall be tried before the Recorder of the day Court having territorial jurisdiction thereof. (Amd. Sec. 1, Act 122, 1914, p. 234.)
Assistant Recorder. 3888. [Sec. 2, Act 122, 1914, p. 235.] There shall also be one Assistant Recorder who shall be appointed by the Commission Council, whose duty it shall be to act for any of the said Recorders when absent by reason of illness, or other disability to sit, and who shall assume charge of the Court to which he may be so assigned until the absent judge resumes his duties. The said Assistant Recorder shall receive one-half of the per diem of the Recorder for whom he acts for the actual time during which he performs the duties required of him under this act.
3889. [Sec. 22, Act 159, 1912, p. 270.] The Commission Council shall elect a chief clerk for each of said courts and such assistant clerks as the Commission Council may deem necessary.
3890. [Sec. 23.] In all appealable cases the testimony shall be taken down verbatim, but the stenographic notes need not be written out unless an appeal is taken, in which case the testimony shall be written out and signed by the Recorder, and by him forwarded with the record to the appellate court. No appeal shall be allowed except when taken on the day of the sentence, and in all appeals the procedure shall be as nearly as possible the same as in cases of appeal from the City Criminal Courts.
3891. [Sec. 24.] The Commission Council shall provide suitable rooms, furniture and stationery for said courts, and the Board of Police Commissioners shall detail, subject to such rules as it may adopt, four policemen in said Recorders' Courts, to keep order and execute orders and decrees of the Recorders.
Recorders to Enforce City Ordinances.
3892. [Sec. 25.] Recorders shall have the power to enforce all valid city ordinances, and to try, sentence and punish all persons who violate same. They and their clerks shall have power to administer oaths, and the Recorders shall have power to compel witnesses to appear and testify, and to punish for contempt, pro
vided such contempt be committed in open court, and punishment thereof shall not exceed twenty-five dollars fine or twenty-four hours in jail.
Fines to be Collected by Recorders.
3893. [Sec. 26.]
All fines, penalties or forfeitures imposed by Recorders shall be collected by them, and by them paid daily to the City Treasurer; to this end the Treasurer shall furnish to each Recorder a printed receipt book, with marginal stubs, and the Recorders shall give a receipt from said book to the person paying same for every fine or penalty collected, stating therein the amount of the fine or penalty, the date, from whom collected, the name of the person fined, and for what offense, and shall make corresponding entries on the stub thereof. No person except the Recorder shall be allowed to receive payment of a fine or penalty, or give a receipt therefor; nor shall any fine be remitted or released unless in open court, and entry thereof shall be made on the minutes of the court, and due record shall be made thereof by the Recorder in his return to the Treasurer. Said receipt books and stubs shall always be open for public inspection. Should any Recorder fail, neglect or refuse to comply with the provisions of this section, he shall be guilty of a misdemeanor and be punishable by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months, and shall be liable to removal from office.
CITY COURT OF SHREVEPORT.
3894. [Sec. 1, Act 103, 1898, p. 129.] In the Fourth Ward of the Parish of Caddo, containing the City of Shreveport, 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 Constable in said ward shall continue to discharge the duties of their respective offices until the City Court created by this act shall have been organized. 3895. [Sec. 2.] [Sec. 2.] Instead of justices of the peace courts in said ward, there shall be established a court of inferior jurisdiction to be styled the "City Court of the City of Shreveport," consisting of a judge and a marshal, who shall be elected at the general State election in April A. D. 1900, and every four years thereafter.
3896. [Sec. 3.] Said City Court shall have such civil jurisdiction as is now vested in Justice 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, and of violations of the ordinances of the city of Shreveport, and of the ordinances of the Police Jury of the Parish of Caddo within the limits of said Ward, with power 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 trial shall be de novo and without juries. (Amd. Act 29, 1900, p. 34.) The City Court of Shreveport is without authority to issue habeas corpus, State vs. Fulco, 136 La. (67 S. 521).
Qualifications of Judge.
3897. [Sec. 4.] The Judge of said City Court shall be an actual resident and elector of said Ward, and a licensed attorney in this State. 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 twelve hundred dollars payable monthly on his own warrant, one-half by the City of Shreveport and the other half by the Parish of Caddo. He shall be his own clerk, and shall keep a docket record of the proceedings in civil and criminal cases. Marshal.
3898. [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, he shall have the powers of a sheriff. He shall be a resident and elector of said ward, and in civil matters shall receive the same fees as constable. He shall receive no fees in criminal matters, including peace bond cases, but shall receive an annual salary of one thousand dollars payable monthly on his own warrant, one-half by the city of Shreveport and the other half by the Parish of Caddo. Before entering upon the discharge of his 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. He shall have the right to appoint one or more deputies on the approval of the court, but shall be responsible for their actions.