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[Sec. 2.] Whenever any judge shall grant any order which is in contravention or in violation of the first section of this act, and the same shall be brought to his knowledge ex parte or otherwise, he shall forthwith revoke and annul such order, either in chambers or open court, and cause the officer in charge of the execution of such writ to be notified of such revocation, whose duty it shall be to return such writ at once; and if any judge who has granted any such orders, and to whom knowledge has been brought that it is in violation of the first section of this act, and he fails or refuses to grant an order annulling it, as directed by this section, and it shall be necessary by writ of prohibition or appeal in such cases, or resorting to any legal remedy to compel him to issue such order, and he is directed to annul the same, as is required by this section, such judge shall be fined in the sum of two thousand five hundred dollars ($2500); and it shall be the duty of the Attorney General to sue to recover such fine before any competent court, and no other proof of the liability to the fine than the judgment ordering him to set aside such writ issued in violation of this act shall be received to fix his liability, and the notification of such judgment for the fine to the auditor of the state. He shall deduct the amount of judgment and costs out of the salary of said judge, first liable to be drawn after such notification, and cause the same to be paid to the proper authorities of the Charity Hospital at New Orleans.
CRIMINAL DISTRICT COURT, PARISH OF ORLEANS. Sections of Court.
3915. [Sec. 6, Act 98, 1880, p. 126.] The Criminal District Court for the parish of Orleans be divided into two sections, "A" and "B" of the Criminal District Court for the parish of Orleans. The judge appointed for the short term shall preside in section "B" of said court. The judge appointed for the long term shall preside in section "A" of said court. Each of said judges shall select the petit jury for his section, in conformity with the provisions of this act.
Vacation of Judges.
3916. [Sec. 7.] Each of the judges of the Criminal District Court for the parish of Orleans may have an annual vacation of three months, during the time from the first of June to the first of December, they regulating the time between themselves; pro
vided, that the court shall remain open during the entire year, and either one of the two judges shall hold court during the above mentioned period.
COURT OF APPEALS.
Sessions of Court of Appeals, First Circuit; Records to Be Transmitted to Baton Rouge and Cases There Decided.
3917. [Sec. 1, Act 89, 1914, p. 204.] The Judges of the Court of Appeals of the First Circuit of the State of Louisiana shall hold sessions of court at Lake Charles, Crowley, Opelousas, New Iberia, Franklin, Houma, Thibodaux, Donaldsonville, Amite and Baton Rouge, and such other places as may be designated by said Court of Appeals for the sole purpose of hearing arguments and submission of cases; that immediately after the submission of cases, the Clerk of the District Court, where said cases are heard and submitted, shall transmit the records in such cases, with briefs therein filed, to the Clerk of the District Court of East Baton Rouge where the cases thus transferred shall be finally determined by said Court. Upon the rendition of judgment in such cases, the Clerk of the District Court of East Baton Rouge shall without delay return the records in all such cases to, and notify the Clerk of the District Court, where such cases originated, of the judgment so rendered by the said Court of Appeals in order that the party aggrieved may, if he so desires, apply for rehearing within the delay prescribed by law. Said application for rehearing shall be filed with the Clerk of the Court where said causes originated, whose duty it shall be to immediately forward the same together with the records in said causes to the · Clerk of the Court at Baton Rouge.
Disposition of Costs.
3918. [Sec. 2.] The deposit to be paid by the appellant for appeal, shall be apportioned as follows: Three 50/Dollars shall be retained by the Clerk where the case has been heard and One 50/100 Dollars shall be by him forwarded and paid to the Clerk of the District Court of East Baton Rouge.
3919. [Sec. 3.] A working library with room shall be furnished said Judges in the City of Baton Rouge.
[Act 149, 1906, p. 253.] The Supreme Court shall hold an annual session in the City of New Orleans, beginning on the first Monday in the month of October and ending not sooner than the thirtieth day of June following, in each year. And this session shall be extended beyond the latter date, when the public business before the Court requires such extension. Adjournments.
3921. [Sec. 13, Act 45, 1870, E. S., p. 101.] The Supreme Court may be adjourned from day to day by one or more of its judges until a quorum be convened, and if neither of the judges be present on the day fixed by law for the commencement of the term, the clerk may adjourn it in like manner for ten days.
3922. [Sec. 14.] The rues adopted by the Supreme Court shall be entered in the minutes of the court, and a copy thereof posted in the clerk's office, and one in the court room.
3923. [Act 74, 1906, p. 115.] The chief justice and each of the associate justices of the Supreme Court shall receive a salary of six thousand dollars per annum, payable monthly on his own warrant.
3924. [Act 93, 1902, p. 149.] There shall be a crier for the Supreme Court of the State, who shall be appointed by the Judges of the Supreme Court, be commissioned by the Civil Sheriff of the Parish of Orleans as a Deputy Sheriff. The crier so appointed and commissioned shall receive from the State Treasury on his own warrant approved by the Chief Justice the sum of nine hundred dollars per annum, payable monthly.
State may administer the oath, required by law, to all witnesses. brought before them during their respective sessions.
3926. [R. S. 2138.] Grand juries may adjourn for any time not exceeding three days, without leave of the court, but for a longer time than three days the leave of the court must first be had.
Must Inspect Prisons.
3927. [R. S. 2139.] Every grand jury is required to inspect the prisons within their respective districts and make report to the judge of said court, of the manner in which the prisoners are treated, and if any of the sheriffs, jailors, prison-keepers, or any of their deputies, should be presented by them for not having complied with the laws regulating the treatment of prisoners, he or they shall be fined in a sum not exceeding two hundred dollars.
Penalty for Failure to Inform.
3928. [R. S. 2140.] Any grand jury at any term of court when a grand jury is empaneled, who shall fail to inform the grand jury of any violation of the criminal laws of this State, ing grand jury in that parish, which may have come to his peror of any crime committed within the parish for which he is empaneled as a grand juror, since the sitting of the last precedsonal knowledge, or of which he may have been informed, upon due conviction thereof, shall, if it be an offense not punishable in the penitentiary, of which he has not given information, be fined in a sum of not less than fifty nor more than five hundred dollars; and if it be an offense which may be punished by death or imprisonment in the penitentiary, he shall be punished by imprisonment in the penitentiary at hard labor for not less than one nor more than five years.
As Grand Jurors may inform each other of crimes committed, it is impracticable to receive testimony to show that Grand Jury acted on insufficient evidence, or on no evidence, State vs. Britton, 131 La. 877.
Grand Jurors Competent Witnesses When Such Charge Made. 3929. [R. S. 2141.] [R. S. 2141.] In order to prosecute the offense prescribed in the preceding section of this act, or to defend the charge, any member of the grand jury shall be a competent witness to testify either before the grand jury or on the examination or trial of the case.
Judge to Charge R. S. 2140.
3930. [R. S. 2142.] The several judges of the courts in this State before whom criminal cases are tried, shall give this act specially in charge to each grand jury empaneled before them.
3931. [Sec. 1, Act 18, 1906, p. 26.] All bona fide commercial travellers, residing in the State of Louisiana, are exempt from serving as regular jurors and the exemption above provided for shall be personal to such persons, and when they do not themselvess claim the exemption, it shall not be sufficient cause for challenging any person exempt under the provisions of this Act.
3932. [Sec. 2.] Only such persons as are actually engaged in traveling, through this State or any other, either for themselves or in the interest of any wholesale dealer, commission merchant or any manufacturer of articles of commerce, shall be considered as bona fide commercial travelers and entitled to the exemption from jury service under the provisions of this Act.
[Sec. 1, Act 135, 1898, p. 216.] The qualifications of a juror to serve in any of the courts of this State shall be as follows:
To be a citizen of the United States and of this State, a bona fide male resident of the parish in and for which the court is holden, for one year next preceding such service not under interdiction or charged with any crime or offense nor convicted at any time of any crime or offense punishable by hard labor, unless he has been pardoned, and to be a competent and intelligent person of full age having capacity to serve as a juror, to try and determine both civil and criminal cases, provided that there shall be no distinction made on account of race, color or previous condition; and provided further, that the judges of the District Courts shall have discretion to decide upon the competency of jurors in particular cases where from physical infirmity or from relationship or from ignorance of the English language and inability to understand the same when read or spoken, or other causes, the person may be, in the opinion of the judge, incompetent to set upon the trial of any particular case. In addition