SUPREME COURT.

In what courts the ju

Constitutional Provisions.

ART. 80. The judicial power shall be vested in a Supreme dicial power is Court, in courts of appeal, in district courts and in justices of

vested.

Court.

the peace.

Jurisdiction ART. 81. The Supreme Court, except in cases hereinafter proof the Supreme vided, shall have appellate jurisdiction only, which jurisdiction shall extend to all cases when the matter in dispute, or the fund to be distributed, whatever may be the amount therein claimed, shall exceed two thousand dollars, exclusive of interest; to suits for divorce, and separation from bed and board; to suits for nullity of marriage; to suits involving the rights to homesteads; to suits for interdiction; and to all cases in which the constitutionality or legality of any tax, toll or impost whatever, or of any fine, forfeiture or penalty imposed by a municipal corpora tion shall be in contestation, whatever may be the amount thereof, and in such cases the appeal on the law and the facts shall be directly from the court in which the case originated to the Supreme Court; and to criminal cases on questions of law alone, whenever the punishment of death or imprisonment at hard labor may be inflicted, or a fine exceeding three hundred dollars ($300) is actually imposed.

Justices of the Supreme Court, their sal

qualifications.

ART. 82. The Supreme Court shall be composed of one Chief Justice and four associate justices, a majority of whom shall conaries, terms and stitute a quorum. The Chief Justice and associate justices shall each receive a salary of five thousand dollars ($5000) per annum, payable monthly on their own warrants. They shall be ap pointed by the Governor, by and with the advice and consent of the Senate. The first Supreme Court to be organized under this constitution shall be appointed as follows: The Chief Justice for the term of twelve years; one associate justice for the term of ten years; one for the term of eight years; one for the term of six years; one for the term of four years; and the Governor shall designate in the commission of each the term for which such judge is appointed. In case of death, resignation or removal from office of any of said judges the vacancy shall be filled by appointment for the unexpired term of such judge, and upon expiration of the term of any such judges the office shall be filled by appointment for a term of twelve years. They shall be citizens of the United States and of the State, over thirtyfive years of age learned in law, and shall have practiced law in this State for ten years preceding their appointment.

Number of

districts.

ART. 83. The State shall be divided into four Supreme Court Supreme Court districts, and the Supreme Court shall always be composed of judges appointed from said districts. The parishes of Orleans, First district. St. John the Baptist, St. Charles, St. Bernard, Plaquemines and Jefferson shall compose the first district, from which two judges shall be appointed.

Second district

The parishes of Caddo, Bossier, Webster, Bienville, Claiborne, Union, Lincoln, Jackson, Caldwell, Ouachita, Morehouse, Richland, Franklin, West Carroll, East Carroll, Madison, Tensas and Catahoula shall compose the second district, from which one judge shall be appointed.

The parishes of DeSoto, Red River, Winn, Grant, Natchi- Third district. toches, Sabine, Vernon, Calcasieu, Cameron, Rapides, Avoyelles, Concordia, Point Coupee, West Baton Rouge, Iberville, St. Landry, Lafayette and Vermilion shall compose the third district, from which one judge shall be appointed..

And the parishes of St. Martin, Iberia, St. Mary, Terrebonne, Fourth district Lafourche, Assumption, St. James, Ascension, East Baton Rouge, East Feliciana, West Feliciana, St. Helena, Livingston, Tangipahoa, St. Tammany and Washington shall compose the fourth district, from which one judge shall be appointed.

Sessions of

the Supreme Court.

ART. 84. The Supreme Court shall hold its sessions in the city of New Orleans from the first Monday in the month of November to the end of the month of May in each and every year. The General Assembly shall have power to fix the sessions elsewhere during the rest of the year. Until otherwise provided the sessions shall be held as heretofore. They shall appoint their own clerks and remove them at pleasure. ART. 85. No judgment shall be rendered by the Supreme Three judges Court without the concurrence of three judges. Whenever to concur in three members cannot concur, in consequence of the recusation Proceedings of any member or members of the court, the judges not recused when they canshall have authority to call upon any judge or judges of the district courts, whose duty it shall be, when so called upon, to sit in the place of the judge or judges recused, and to aid in the determination of the case.

judgments.

not concur.

ART. 86. All judges by virtue of their office shall be conser- Judges convators of the peace throughout the State. The style of all pro- servators of the cess shall be, "The State of Louisiana." All prosecutions shall peace, Style of be carried on in the name and by the authority of the State of prosecutions. Louisiana, and conclude: "Against the peace and dignity of

the same."

process and

to the law.

ART. 87. The judges of all courts, whenever practicable, In judgments shall refer to the law by virtue of which every definitive judgment judges to refer is rendered; but in all cases they shall adduce the reasons on which their judgment is founded.

A reporter to

ART. 88. There shall be a reporter of the decisions of the Supreme Court, who shall report in full all cases which he may be appointed. be required to report by law or by the court. He shall publish in the reports the title, number and head notes of all cases decided, whether reported in full or not.

In all cases reported in full he shall make a brief statement of the principal points presented and authorities cited by counsel. He shall be appointed by a majority of the court, and hold his office and be removable at their pleasure.

His salary shall be fixed by the court, and shall not exceed fifteen hundred dollars per annum, payable monthly on his own

warrant.

His duties.

Court and each have power to

ART. 89. The Supreme Court and each of the judges thereof Supreme shall have power to issue writs of habeas corpus at the instance of its judges of all persons in actual custody, in cases where it may have ap- issue writs of pellate jurisdiction.

habeas corpus.

ART. 90. The Supreme Court shall have control and general Shall have supervision over all inferior courts. They shall have power to control over issue writs of certiorari, prohibition, mandamus, quo warranto and issue remeand other remedial writs.

inferior courts

dial writs.

SUPREME COURT.

In what courts the ju

Constitutional Provisions.

ART. 80. The judicial power shall be vested in a Supreme dicial power is Court, in courts of appeal, in district courts and in justices of

vested.

Court.

the peace. Jurisdiction ART. 81. The Supreme Court, except in cases hereinafter proof the Supreme vided, shall have appellate jurisdiction only, which jurisdiction shall extend to all cases when the matter in dispute, or the fund to be distributed, whatever may be the amount therein claimed, shall exceed two thousand dollars, exclusive of interest; to suits for divorce, and separation from bed and board; to suits for nullity of marriage; to suits involving the rights to homesteads; to suits for interdiction; and to all cases in which the constitutionality or legality of any tax, toll or impost whatever, or of any fine, forfeiture or penalty imposed by a municipal corporation shall be in contestation, whatever may be the amount thereof, and in such cases the appeal on the law and the facts shall be directly from the court in which the case originated to the Supreme Court; and to criminal cases on questions of law alone, whenever the punishment of death or imprisonment at hard labor may be inflicted, or a fine exceeding three hundred dollars ($300) is actually imposed.

Justices of the Supreme Court, their sal

aries, terms and qualifications.

Number of

districts.

ART. 82. The Supreme Court shall be composed of one Chief Justice and four associate justices, a majority of whom shall constitute a quorum. The Chief Justice and associate justices shall each receive a salary of five thousand dollars ($5000) per annum, payable monthly on their own warrants. They shall be ap pointed by the Governor, by and with the advice and consent of the Senate. The first Supreme Court to be organized under this constitution shall be appointed as follows: The Chief Justice for the term of twelve years; one associate justice for the term of ten years; one for the term of eight years; one for the term of six years; one for the term of four years; and the Governor shall designate in the commission of each the term for which such judge is appointed. In case of death, resignation or removal from office of any of said judges the vacancy shall be filled by appointment for the unexpired term of such judge, and upon expiration of the term of any such judges the office shall be filled by appointment for a term of twelve years. They shall be citizens of the United States and of the State, over thirtyfive years of age learned in law, and shall have practiced law in this State for ten years preceding their appointment.

ART. 83. The State shall be divided into four Supreme Court Supreme Court districts, and the Supreme Court shall always be composed of judges appointed from said districts. The parishes of Orleans, First district. St. John the Baptist, St. Charles, St. Bernard, Plaquemines and Jefferson shall compose the first district, from which two judges shall be appointed.

Second district

The parishes of Caddo, Bossier, Webster, Bienville, Claiborne, Union, Lincoln, Jackson, Caldwell, Ouachita, Morehouse, Richland, Franklin, West Carroll, East Carroll, Madison, Tensas. and Catahoula shall compose the second district, from which one judge shall be appointed.

The parishes of DeSoto, Red River, Winn, Grant, Natchi- Third district. toches, Sabine, Vernon, Calcasieu, Cameron, Rapides, Avoyelles, Concordia, Point Coupee, West Baton Rouge, Iberville, St. Landry, Lafayette and Vermilion shall compose the third district, from which one judge shall be appointed..

And the parishes of St. Martin, Iberia, St. Mary, Terrebonne, Fourth district Lafourche, Assumption, St. James, Ascension, East Baton Rouge, East Feliciana, West Feliciana, St. Helena, Livingston, Tangipahoa, St. Tammany and Washington shall compose the fourth district, from which one judge shall be appointed.

Sessions of

the Supreme Court.

ART. 84. The Supreme Court shall hold its sessions in the city of New Orleans from the first Monday in the month of November to the end of the month of May in each and every year. The General Assembly shall have power to fix the sessions elsewhere during the rest of the year. Until otherwise provided the sessions shall be held as heretofore. They shall appoint their own clerks and remove them at pleasure. ART. 85. No judgment shall be rendered by the Supreme Three judges Court without the concurrence of three judges. Whenever to concur in three members cannot concur, in consequence of the recusation Proceedings of any member or members of the court, the judges not recused when they canshall have authority to call upon any judge or judges of the district courts, whose duty it shall be, when so called upon, to sit in the place of the judge or judges recused, and to aid in the determination of the case.

judgments.

not concur.

Judges con

ART. 86. All judges by virtue of their office shall be conservators of the peace throughout the State. The style of all pro- servators of the peace. Style of cess shall be, "The State of Louisiana." All prosecutions shall be carried on in the name and by the authority of the State of prosecutions. Louisiana, and conclude: 66 Against the peace and dignity of

the same."

process and

ART. 87. The judges of all courts, whenever practicable, In judgments shall refer to the law by virtue of which every definitive judgment judges to refer is rendered; but in all cases they shall adduce the reasons on which their judgment is founded.

to the law.

A reporter to

ART. 88. There shall be a reporter of the decisions of the Supreme Court, who shall report in full all cases which he may be appointed. be required to report by law or by the court. He shall publish in the reports the title, number and head notes of all cases decided, whether reported in full or not.

In all cases reported in full he shall make a brief statement His duties. of the principal points presented and authorities cited by counsel.

He shall be appointed by a majority of the court, and hold his

office and be removable at their pleasure.

His salary shall be fixed by the court, and shall not exceed fifteen hundred dollars per annum, payable monthly on his own warrant.

ART. 89. The Supreme Court and each of the judges thereof Supreme Court and each shall have power to issue writs of habeas corpus at the instance of its judges of all persons in actual custody, in cases where it may have aphave power to pellate jurisdiction.

issue writs of

habeas corpus.

shall have

ART. 90. The Supreme Court shall have control and general supervision over all inferior courts. They shall have power to control over issue writs of certiorari, prohibition, mandamus, quo warranto and other remedial writs.

inferior courts

and issue reme

dial writs.

General As

sembly to pro

ART. 91. The General Assembly shall provide for appeals vide for appeals from the district courts to the Supreme Court upon questions of or questions of law alone, when the party or parties aggrieved desire only a review of the law.

law alone.

Functions attached to Supreme and other courts.

ART. 92. Except as herein provided, no duties or functions shall ever be attached by law to the Supreme Court, courts of appeal or district courts, or the several judges thereof, but such as are judicial; and the said judges are prohibited from receiving any fees of office or other compensation than their salaries for any official duties performed by them. No judicial powers, except as committing magistrates in criminal cases, shall be conferred on any officers other than those mentioned in this title, except such as may be necessary in towns and cities; and the judicial powers of such officers shall not extend further than the cognizance of cases arising under the police regulations of towns and cities in the State.

ART. 93. The judges of all courts shall be liable to impeachJudges of all courts liable to ment for crimes and misdemeanors. For any reasonable cause impeachment. the Governor shall remove any of them on the address of twothirds of the members elected to each house of the General Assembly. In every case the cause or causes for which such removal may be required shall be stated at length in the address, and inserted in the journal of each house.

1870-99, extra session.

1884-92.

SEC. 1195. The Supreme Court shall hold its sessions in the city of New Orleans from the first Monday in the month of Sessions of the November to the end of the month of May in each and every year, Supreme Court and all appeals from the following parishes shall be made returnat New Orleans. able to the Supreme Court at New Orleans, viz:

Appeals re

All appeals from the parishes of Orleans, Jefferson, St. Berturnable there. nard and Plaquemines shall be returnable on the first and third Mondays of each month of the session.

session.

1884-92.

All appeals from the parishes of St. Charles, St. John the Baptist, St. James, Ascension, Assumption, Lafourche and Terrebonne, shall be made returnable on the third Monday of January of each year.

All appeals from the parishes of Rapides, Grant, Natchitoches, 1870-99, extra Red River, Point Coupee, West Baton Rouge, East Baton Rouge, Iberville, Livingston, St. Tammany, Tangipahoa, Washington, St. Helena, West Feliciana, East Feliciana, East Carroll, Madison, Concordia and Tensas, shall be made returnable on the second Monday of February in each year.

Session

At Monroe.

Appeals re

SEC. 1196. The Supreme Court shall hold sessions in the city of Monroe, to commence on the first Monday in June in each and every year.

SEC. 1197. All appeals returnable by law to the Supreme turnable there. Court from the parishes of Caldwell, Catahoula, Richland, Morehouse and West Carroll shall be made returnable to the said court at Monroe on the first Monday in June, and all appeals from the parishes of Winn, Claiborne, Union, Lincoln, Jackson, Ouachita and Franklin shall be made returnable to the said court at Monroe on the second Monday in June.

Session

SEC. 1198. The Supreme Court shall hold sessions in the town At Opelousas. of Opelousas, to commence on the first Monday in the month of July in each and every year.