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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 Shreveport, 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 direction of the court.
3899. [Sec. 6.] Prosecution of criminal cases before the City Court shall be on affidavit stating briefly the nature and cause of the accusation.
Misdemeanors shall be tried summarily and without a jury, but 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.
3900. [Sec. 7.] A suitable office for the holding of the court shall be furnished by the city of Shreveport.
Appointment of Judge ad Hoc.
3901. [Sec. 8.] In the event of sickness, recusation, or absence of the Judge, the District Judge shall appoint and swear a licensed attorney, with the qualifications of the Judge for the said "City Court" to act as Judge ad hoc.
[Sec. 9.] The District Court of Caddo Parish shall have jurisdiction of appeals from the court in all civil matters regardless of the amount in dispute and of all orders requiring a peace bond, and the said court shall be governed by the rules applicable to justice of peace courts in trial of civil cases.
Transfer of Papers.
3903. [Act 210, 1902, p. 400.] All of the dockets, records, papers, archives and books pertaining to the offices of the jus
tices of the peace in the fourth ward of Caddo Parish, in which the city of Shreveport is situated, which offices were abolished by Act No. 103 of 1898, be and the same are hereby transferred to and declared to be a part of the archives of the City Court created by said act, and the City Judge is authorized to receive and keep the same as a part of the archives of his office; and all suits, process, orders and judgments in cases decided or pending in said Justice of the Peace Courts are declared to be suits, process, orders and judgments decided or pending in said City Court.
THIBODAUX CITY COURT AND MAYOR'S COURT.
As soon as the town (or previous thereto
3904. [Sec. 23, Act 69, 1914, p. 179.] shall have been placed in the class of a city with the concurrence of the police jury, who shall pay half the expense of the city judge), there shall be a City Judge elected for town and ward in which the town is located, who shall at least possess the qualifications now prescribed by law for Justices of the Peace, with civil jurisdiction for the trial of cases now tried by Justices of the Peace, or cases they may hereafter be delegated to them, and within 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 five years. He shall in all civil cases receive such fees as are paid to the 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, if elected with their concurrence previous to the town being classified as a city. After becoming a city said City Judge shall be elected by the voters of the city and ward of the parish in which the city is situated, and shall be paid a salary of not less than eighty dollars per month, one-half to be paid by the city and the other half by the parish. He shall be his own clerk and shall keep a record of the proceedings on a special docket in all civil and criminal matters, and shall have jurisdiction over the entire ward.
Until a City Judge is appointed or elected there shall be a Mayor's Court 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 fine or imprisonment, or both, provided for the infraction thereof. The Mayor shall have the right to issue all necessary citations, summons, etc., and to summon all witnesses needed for the trial of any and all cases. The Chief of Police or any policeman in the employ of the town may and shall act for the Mayor's Court, serve all of its orders, citations, and carry out all of its decrees.
In the event a City Judge be appointed or elected, as above provided, the offices of Justices of the peace in this ward shall ipso facto be abolished. The City Judge shall be provided with two constables, who shall be ex officio policemen of the town and whose salaries shall be fixed by the Board of Aldermen and the Police Jury, one of whom shall be appointed by the Mayor and Board of Aldermen and the other elected by the voters of the entire ward. The salary of the one appointed by the Mayor and Board of Aldermen shall be fixed by them and paid by them, while the salary of the other shall be fixed and paid by the police jury. Mayor's Docket.
3905. [Sec. 24.] [Sec. 24.] The Mayor shall as long as his court is recognized under this charter, keep a regular docket, on which he shall enter the causes arising under the ordinances and to be tried by him and he shall keep a perfect record of all cases tried; he may hold his court at any time.
3906. [R. S. 1935.] Each judge may make rules for the regulation of the practice of his court, and the mode of setting causes for trial; which rules shall be hung up in the courtroom. DISTRICT AND CITY COURTS, ORLEANS EXCEPTED. Penalty for Failure to Decide Within Time Fixed by Law.
3907. [Sec. 4, Act 94, 1898, p. 118.] All Judges mentioned in the foregoing section [i. e., Judges, Orleans excepted, of the District and City Courts] who shall violate the provisions or requirements of the same, relative to the time within which they shall render decisions as aforesaid, shall forfeit one quarter's salary for each violation. It shall be the duty of the clerk of court to notify the Auditor of Public Accounts of any failure on the part of the judge to render a decision within the time pre
scribed herein; and it shall be the duty of the Auditor, upon receiving such notification from the clerk of the court, to withhold from such judge the payment of one quarter's salary, which amount shall be paid by the Auditor into the general school fund of the State of Louisiana.
Has the Legislature the right to vest in the Auditor this judicial function, or is it due process of law to deprive the judge of his salary upon the ex parte statement of the clerk?
3908. [Sec. 5.] In addition to the penalties above prescribed, any judge who shall violate the provisions of this act a second time, shall be guilty of non-feasance in office, and shall be subject to impeachment and removal from office; and in the event of a second violation of the provisions of said act by any judge as aforesaid, it shall be the duty of the Auditor of Public Accounts to notify the Attorney General at once of said violation, and it shall be the duty of the Attorney General to institute proceedings immediately for the removal of such judge. Penalty for Failure of Clerk to Report Delinquent Judge.
3909. [Sec. 6.] Any clerk of the court who shall fail, neglect or refuse to inform the Auditor of Public Accounts of any failure on the part of the judge of his court to render decisions within the time prescribed in this act, shall be deemed guilty of non-feasance in office, and shall be subject to immediate suspension and removal from office; and in such cases, it shall be the duty of the district attorney of said court to proceed against said clerk of court, or the Attorney General, for the purpose of removing such Clerk from office.
Two Dockets, Civil and Criminal.
3910. [R. S. 1933.] Each court shall keep two dockets, one of cases relative to criminal business, and the other to all civil
Election to Fill Vacancy.
3911. [Act 58, 1884, p. 81.] It shall be the duty of the Governor, immediately upon ascertaining the death, resignation or removal of any district judge, to order an election to fill the vacancy, except in the parish of Orleans. Said election shall be holden throughout the judicial district in which the vacancy occurred, and in every respect under the general election laws of
this State, and the Governor shall issue his proclamation of said election, fixing therein the day for said election, and shall have said proclamation published in at least one newspaper in every parish of said judicial district.
CIVIL DISTRICT COURT, ORLEANS.
Transfer of Cases.
3912. [Act 39, 1898, p. 44.] Any and all records of any and all civil actions, causes or proceedings of Courts of Record for the Parish of Orleans, within the jurisdiction of the Civil District Court, not heretofore transferred to the Civil District Court for the Parish of Orleans, may be so manfully transferred by any party in interest to the said Civil District Court for the Parish of Orleans, as now constituted without cost, and herein proceeded with as if originally filed therein.
Court First Getting Jurisdiction Keeps It.
3913. [Sec. 1, Act 86, 1870, p. 119.] Whenever a suit or judicial proceeding is instituted in any of the courts of the parish of Orleans, in this State, where such court has jurisdiction, all parties to such suit shall be confined exclusively to such court for the trial of all issues or matters that may arise in the course of such litigation, or out of the judgment rendered in such litigation; and no other judge shall have jurisdiction to grant orders of injunction, sequestration, provisional seizure, arrest, prohibition, quo warranto, or any other order by which the proceedings in such litigation or judgment rendered therein, or the property in litigation, or persons of the parties in the litigation, shall be stayed or in any manner interfered with or interrupted; nor shall any other judge grant any of the above orders in favor of any party not a party to such litigation or judgment, claiming to have an interest therein or to be affected thereby, but that all such orders shall be granted by the judge before whom the original suit or judicial proceeding was instituted; provided, that no provision in this section shall apply to the Supreme Court or the judges thereof.
Brigot vs. Brigot, 49 A. 1428; Bajourin vs. Ramelli, 34 A. 556; State ex rel. Becker vs. Judge, 30 A. 1350.
Under Con. 134, 135, there is only one Civil District Court in the parish of Orleans, but it consists of five Divisions, and it may be that this Statute still has application.