Imágenes de páginas

Shall afford

Officers of the institution.

those in such indigent circumstances as shall appear by the certificate of any member of the police jury of the parish, or the mayor of the city where they reside, to render such aid necessary, shall also be furnished with clothing and traveling expenses to and from the institution.

SEC. 1187. The institution shall afford all requisite facilities for providing a good literary education and a mechanical depart. literary and ment in which instruction shall be given in such trades as may be straction. best suited to render the pupils self-sustaining citizens.

Sec. 1188. The general control of said institution shall be Control of vested in a board of trustees, to be composed of the Governor of said institution,

. the State, who shall be ex officio president of the board, the superintendent of the institution, and five members to be appointed by the Governor, by and with the advice and consent of the Senate. Said board is hereby declared to be a body politic and corporate in deed and in law, and shall have full power to sue and be sued, to make contracts, and to acquire and hold by purchase or donation any real or personal estate, as may be necessary for the uses of said institution. The domicile of said corporation is established at Baton Rouge, and the vice president of the board shall be the officer upon whom all legal process shall be served to bind said board.

SEC. 1189. The first meeting of the board of trustees shall be beld at such time and place as may be fixed by the Governor, and they shall at said meeting elect a superintendent for the institution, a vice-president of the board, a treasurer, and such other officers as may be necessary for the proper organization and management of the institution.

SEC. 1190. The superintendent shall have the charge and management of the institution; he shall reside in the institution superintendont. and receive such salary and perform such duties as may be determined by the board.

SEC. 1191. The treasurer shall give bond in such sum as the board of trustees may determine, with security to the satisfaction treasurer. of the vice-president. He shall receive from the State Treasurer the appropriation made from time to time by the Legislature for the support of the institution, upon his warrant countersigned by the Governor. He shall pay out the same upon the order of the superintendent of the institution, countersigned by the vicepresident. He shall receive such salary as may be determined by the board, and both he and the superintendent may be removed by the board for any good cause. SEC. 1192. The board of trustees shall have power to make

Quorum and all needful rules and regulations for the government of said in- rules of the stitution, and three members shall constitute a quorum for the transaction of business. In the absence of the president the vice president shall act as president of the board.

SEC. 1193. The board of trustees shall have power to procure, by lease or purchase, a suitable building or buildings and have power to grounds for all the necessary purposes of said institution, and, able buildingo. as soon as this may be done, they shall grant the temporary use of the buildings and ground' now occupied and held by said institution, to the Louisiana State University until said university be otherwise provided for.

Duties of tho

Duties of tho

Board shall

How expenses SEC. 1194. The expenses of the members of the board of of trustees are to be paid. trustees, incurred in attending the meetings of the board, shall

be paid out of the funds of the institution.



Constitutional Prorisions.



SECTION In wbat courts the judicial power Appeals returnable there..... .1197 is vested......

80 Session at Opelousas... ..1198 Jurisdiction of the Supreme Appeals returnable there. . 1199 Court...... 81 Session at Shreveport...

...1200 Justices of the Supreme Court; Appeals returnable there. .1201 their salaries, terms and Return day....

1202 qualifications..... 82 Order of hearing.

1203 Number of Supreme Court dis- Cases in Orleans

1204 tricts..... €3 Contesting offices.....

.1205 First district.


.1206 Second district..

83 Rules of court-Vacation... . 1207 'Tbird district.. 83 Defects, Dismissal....

1208 Fourth district... 83 Sureties-Affirmance..

.1209 Sessions of the Supreme Court.. 84 Adjournments....

1210 Three judges to concur in judg- Rules entered on minutes, and ments. Proceedings when

posted in clerk's office and they cannot concur.........


... 1211 Judges conservators of the peace. Supreme Court authorized to Style of process and prosecu

regulate the trial of cases

before it, and change existing Iu judgments judges to refer to


. 1212 the law..

87 Appeals from country parisher A reporter to be appointed. His to have preference-Proviso... 1213 duties....

Parties litigant, when before the Supreme Court and each of its

Supreme Court, sball have judges have power to issue

right to fix their cases for a writs of habeas corpus....... 89

subsequent term of the Sball have control over inferior

Supreme Court...... .1214 courts and issue remedial

Summary docket. Order of writs......


.1215 General Assembly to provide for

appeals on questions of law Rights of parties in case of neg.

lect of clerk......

.1216 Functions attached to Supreme How ordinary cases shall be asand other courts....

92 signed and fixed for trial.... 1217 Judges of all courts liable to im- Appeals in criminal cases, how peachment.....

93 allowed. Time for filing SECTION.

motion of appeal............1218 Session of the Supreme Court at

All appeals to be suspensive and
New Orleans....

no bond required......

Appeals retunable there. 1195 When appeal sball not be
Session at Monroe...
.1196 granted...

. 1220




SECTION. When appeal shall be returnable

to the Supreme Court. The
cases to be tried by prefer-

1221 Proviso.....

1221 COURTS OF APPEAL. Constitutional Provisions.

ARTICLE. Jurisdiction of the courts of appeal.....

95 Judges of the courts of appeal;

their terms and qualifica-

96 State divided into five circuits.. 97 First circuit......

97 Second circuit...

97 Third circuit....

97 Fourth circuit..

97 Fifth circuit....

97 Shall be two terms annually in

each parish...... Terms of tbe first circuit...

99 Terms of the second circuit.. 99 Terms of the third circuit... 99 Terms of the fourth circuit..... 99 Terms of the fifth circuit.... 99 Provision when a term begins on a legal holiday....

100 How judgments shall be ren

dered in case of a disagree-

101 Causes to be tried on the original record.......

102 Rules of Supreme Court adopted. 103 Authorized to issue remedial writs....

... 104 Salary of judges of the courts of appeal........

105 Sheriff to attend the court...... 106

SECTION. Terms of the judges of the courts

of appeal after the expira

tion of their first term ......1222 Vacancy in the office of judge of

the courts of appeal, how
filled ..

.1123 Duty of the Governor to fill the

vacancy during the recess of
the General Assembly.......1224

Constitutional Provisions.

ARTICLE. The State to be divided into judicial districts....


ARTICLE. Their number and limits .... 108 Jurisdiction of the district courts..

109 Qualifications of judges... 109 Terms ...,

109 Salary.

109 General Assembly may increase the number

district judges.....

110 Appeals from justices of the peace...

111 Trial of recused cases.

112 Previous term as judge included

in estimating qualifications. 113 No judge to be affected during

the term for which he was

114 District judges may issue writs of habeas corpus......

115 Number of terms in each judicial district.....


SECTION, Governor to order an election to

fill vacancy in the office of
district judge.....

.1225 rst terms of the district courts

outside the parish of Orleans,

when and how fixed......... 1226 Subsequent terms, how and by

whom fixed: notice thereof,
how given....

,1227 Number of terms to be held in each district....

1228 Terms of the court to be fixed not

to interfere with the terms of
the Supreme Court or the
court of appeals......

.1.229 First term of the court and each

alternate term of the court
to be a jury term.

. 1230 Proviso....

. 1230 Required to hold as many terms

as may be fixed by law......1231 Judges authorized to hold ad

journed or special terms.... 1232 Mode of ordering special term

and of summoning jury. 1233 Dockets to be kept..... Duties of the sheriff and coroner

when the judge sball not
appear on the first day of
tbe term

..1235 Each court to make its own roles. 1236


Courts may grant certain orders

in chambers, etc............1237 Further orders granted at cham

hers by district judges......1238 Actions against defaulting tax

collectors .... ....1239, 1240 Suits for laborers' wages...1241, 1242 Cases arising under the civil

rights acts to be tried by
jury ....

..1243 Suits in which right of office is

contested to be tried by

preference, etc....... .1244 District judges to try mandamus in chambers.....

1245 The judge may appoint an interpreter ..

. 1246

ARTICLE Criminal jurisdiction as committing magistrates....


SECTIOX. Number of justices of the peace to be elected......

. 1239 Justices to be commissioned by the Governor..

..1260 Justices may issue writs of injunction..

1261 Formalities required in granting injunctions ...

..1261 Justices' jurisdiction limited to their districts....,

..1262 Exceptions ..


Constitutional Provisions.



Creation of an additional judge

for the twelfth district...... 1247 Agreement between the two

judges of said district as to
trial of cases..

1248 Creation of an additional judge for the first district..

1249 Rules to be adopted by the two

judges for the trial of cases. 1250 Election of judge.....

1251 Creation of the twenty-seventh

district, composed of the
parishes of Richland and
West Carroll.......

1252 District judge and district attor

ney therefor, when and how

elected.... .... 1253, 1254 Laws applying to other districts

applicable to this...... 1255 Creation of an additional judge

for the twentieth judicial

1256 Appointment of judge.. . 1257 Judges thereof to arrange the

apportiontment of cases be-
tween them....

. 1258

ARTICLE Jurisdiction of tbe court of ap

peals in the parish of Or

leans ... Number and qualifications of judges.....

128 Terms, qualification and salary

the same as those of other
circuit judges......

129 District courts for the parish of Orleans...

130 Jurisdiction of the civil district court..

130 Jurisdiction of the criminal district court.....

130 Number of judges may be in

creased.. Courts may adopt rules and

regulate proceedings... 132 Civil district court to select a

bank as depository.......... 133 Numbers and jurisdiction of the city courts......

135 General Assembly to regulate salary, fees, etc......




Constitutional Provisions.

ARTICLE. The number of justices of the

peace in each parish.... 125 Jurisdiction of justices of the peace....


SECTION. Division of criminal district

court into two sections......1263 Annual vacation allowed the judges....

1264 Transfer of cases.

.1265 Appointment of short hand reporter.....

. 1266 Unnecessary delay prohibited. . 1267 Order of trial of cases.....


[blocks in formation]


SECTION. Recusation of judges............1288 Reasons and causes for recusa

1288 Recusation of judges of the

courts of appeals...........1289 Mode and manner of appointing

a lawyer or district judge to
preside instead of the recused

1289 When both judges of the courts

of appeals are recused, whom
they shall appoint in their

1289 Power of persons appointed for recused judge......

1290 Duty of the district judge upon being recused...

Number and designation of the

city courts of the city of New

1272 Jurisdiction of the city courts...1273 Location of the city courts. .1273 Where party must be sued.. City courts, when opened.......1275 Salary of the judges of the city courts.....

1276 Mode of drawing warrants and payment........

1276 Manner and mode of proceedings. 1277 Rules of court, how and when enacted....

..1278 Recusation of judges, how provided for.....

..1279 Transfer of archives, books and

papers from justices of the
peace to judges of the city
courts of the parish of

. 1280 Fourth city court created.... 1281 Jurisdiction..

.1282 Location...

1283 Officers thereof..

. 1284 City courts prohibited from issu


. 1291 When a district judge shall be

recused for cause of interest,

who shall try the case. ,1292 Duty of the clerk in relation thereto....

1292 Duty of the judge appointed to act.....

.1293 His duty when case has not been

tried for nine months.......1294 Powers of person acting as judge in recused cases.

.1295 Not applicable to New Orleans. .1296 How retransferred........ ..1297 Provisions for interchange for

trial and disposition of recused cases...

.1298 Duties of district judges for the

trial of such recused cases.. 1299 Causes for the recusation of

judges in criminal cases.....1300

ing process against the city

of New Orleans or its officers. 1285 Civil district court to issue such process..


General Provisions.

Time limited to district judges

and judges of the city courts

to render their judgments...1301 Judges to forward their decrees

to the clerk of their courts, when agreed to by parties....1302 Provision in case of a trial when

the judge subsequently dies or resigns....

. 1303 Penalty against judges violating this act....



Judges of Supreme or

or other courts, when to recuse themselves....


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