USA > Louisiana > A history of Louisiana, revised edition > Part 24
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Art. 13S. The Civil District Court shall select a solvent, incor- porated bank in New Orleans as a judicial depository, in which, un- less otherwise ordered by the court, shall be deposited all money as soon as the same shall come into the hands of the elerk or sheriff, and such deposits shall not be removed in whole or in part without an order from the judge seized with jurisdiction.
Art. 139. The Criminal District Court shall have exclusive original jurisdiction for the trial and punishment of all offenses when the penality of death, imprisonment at hard labor, or impris- onment without hard labor for any time exceeding six months, or a fine exceeding three hundred dollars may be imposed, and appel- late jurisdiction in all cases tried before the City Criminal Courts, or Recorders' Courts of New Orleans, which cases shall be appealable on the law and the facts, and shall be tried on the record and the evidence as made and offered in the lower court. Provided, that until the General Assembly shall enact a law grading of- fenses, said court shall have general criminal jurisdiction ex- tending to all cases arising in the Parish of Orleans. the jurisdiction of which is not vested by law or by this Con-
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stitution in some other court. Said court shall have gen- eral and supervisory jurisdiction over all inferior State and municipal criminal courts in the Parish of Orleans, and shall have authority to issue writs of habeas corpus, in criminal and quasi- criminal cases, and such other writs and orders as may be neces- sary or proper in aid of the jurisdiction conferred upon it; and to adopt rules not in conflict with law, regulating the order of prefer- ence, and proceedings in the trial of cases, and the method of allot- ting or assigning such cases, and of re-alloting and re-assigning them, in case of vacancy in the office, reensation, absence or disabil- ity of one or more of the judges, or in case such action is deemed necessary for the proper administration of justice. All prosecutions instituted in, and all cases appealed to said Criminal District Court shall be eqnally allotted or assigned by classes among the judges, and each judge, or his successor, shall have exclusive control over any case allotted or assigned to him, from its inception to its final deter- mination in said court, except as herein otherwise provided.
There shall be one clerk for the Criminal District Court, who shall be elected by the voters of the Parish of Orleans, for the term of four years. His qualifications and duties, except as herein provided, shall be as fixed by law. lle shall furnish bond in the sum of ten thousand dollars, which bond shall be examined by the court, mu like manner as the bond of the clerk of the Civil District Court. He shall receive an annual salary of three thousand dollars, which shall be paid by the City of New Orleans, in equal monthly installments, and he shall receive no other compensation. He shall appoint, with the approval of the conrt, such deputies, at such salaries, as may be fixed by law. Said deputies may be removed at the pleasure of the clerk of the court, and their salaries shall be paid by the City of New Orleans.
Each judge of said court shall appoint a minute clerk, who shall be sworn as a deputy clerk, and shall receive an annual salary of eighteen hundred dollars, which shall be paid by the City of New Orleans, in the same manner as the salary of the clerk. One of the said minute clerks, to be designated by the judge longest in contin- uous service in said conrt, shall be ec-officio minute clerk of said court when sitting en banc, and shall receive, as additional compen- sation, three hundred dollars per annum, which shall be paid in like manner as his other compensation. The said clerk shall be remova- ble by the judges of the Criminal District Court for the causes, and in the manner prescribed for the removal of the clerk of the Civil District Court.
Art. 140. There shall be in the City of New Orleans two inferior criminal courts, to be known respectively as the First City Criminal Court and the Second [City ] Criminal Court, each of which shall be presided over by one judge, and which shall have jurisdiction within . the territory hereinafter prescribed, for the trial and punishment, without jnries, and subject to appeal to the Criminal District Court. of all offenses against the State where the penalty does not exceed six months' imprisonment in the parish jail, or a line of three hun- dred dollars, or both ; in all other cases the judges of said courts shell
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have jurisdiction as committing magistrates, with authority to bail or discharge.
The territoria, jurisdiction of the First City Criminal Court shal extend over the First, Fourth, Sixth and Seventh Municipal Dis- triets of the City of New Orleans; and of the Second City Criminal Court, over the Second, Third and Fifth Municipal Districts of said . city.
Said judges shall be elected by the voters of the City of New Or- leans, at large, for the term of four years; the first election there- for, shall be held at the Congressional election in November, 1898, and the judges then elected shall serve until May 1st, 1900, and their successors shall be elected at the parochial and municipal election in the year 1899. They shall be learned in the law, and shall have re- sided and practiced as attorneys in the City of New Orleans for not less than three years before their election or appointment. The judges of said courts shall each receive a yearly compensation of three thousand dollars, payable monthly on his own warrant. Each judge shall appoint a clerk and such deputies as may be authorized by law, at salaries not exceeding twelve hundred dollars per annum, except one deputy, who shall be a stenographer, and who may re- ceive a salary not exceeding fifteen hundred dollars per annum, to be paid in monthly installments, by the City of New Orleans.
Art. 141. The General Assembly shall provide for Recorders' Courts in the city of New Orleans, to be presided over by magis- trates, who need not be attorneys at law, but such courts shall have no jurisdiction except for the trial of offences against city ordinances.
Art. 142. There shall be a civil and criminal sheriff for the parish of Orleans, who shall be elected by the voters of said parish for the term of four years. Their qualifications and dunties other than as herein provided, shall be prescribed by law. Each of said sheriffs shall execute an official bond, the civil sheriff in the sum of fifty thousand dollars, and the criminal sheriff in the sum of ten thousand dollars; and the bonds of said sheriffs respectively shall be exam- ined in open court by the judges of the District Court which he serves, and all testimony given in such examinations shall be reduced to writing and made of record in said court. The civil sheriff shall be executive officer of all the Civil Courts in the parish of Orleans, except the City Courts; and the criminal sheriff shall be the executive officer of all the Criminal Courts in said parish.
The civil sheriff shall appoint as many deputies as, in his opinion, are needed for the efficient discharge of the duties of his office; but after May 1, 1900, the Court of Appeal for the parish of Orleans, and each judge of the Civil District Court, shall name one deputy to be so appointed. who shall serve as crier in said court, and in the divi- sions presided over by said judges respectively, and who shall each receive a salary of six hundred dollars per annum to be paid by the sheriff. When not engaged in court they shall perform such duties as the sheriff may require.
The civil sheriff shall receive as compensation such fees as may
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be now or hereafter allowed by law, and shall pay his deputies and all expenses of his office.
The civil sheriff shall pay the sum of two thousand dollars an- nually, in quarterly instalments, to the city of New Orleans for the fund for payment and redemption of judicial fund warrants and certificates hereinafter provided for. In cases where the said sheriff is a party in interest, the criminal sheriff, or one of his deputies shall aet. The criminal sheriff shall receive an annual salary of three thou - sand six hundred dollars per annum, which shall be paid by the city of New Orleans in equal monthly instalments, and he shall receive no other compensation ; he shall appoint, with the approval of the judges of the Criminal District Court for the parish of Orleans, as many deputies as in the opinion of said judges are needed for the efficient discharge of the duties of his office, and the salaries of sneh deputies shall be fixed by the Council of the City of New Orleans, and paid in like manner as his own. Each judge of said Criminal District (Court) shall name one deputy to be so appointed, who shall serve as erier in the sections presided over by the judges respectively, and shall each receive a salary of one thousand dollars per annum. When not engaged in court they shall perform such other duties as the sheriff may require.
The criminal sheriff shall account to and settle with the city of New Orleans for all fines and judgments collected by him, without deductions of any kind, and all expenses of his office shall be borne by said corporation.
Art. 143. There shall be a First City Court in New Orleans, com- posed of three judges, each of whom shall receive a salary of twenty - four hundred dollars per annum, payable monthly on his own warrant. Said court shall have exclusive original jurisdiction when the defend- ant resides in that part of the city of New Orleans on the left bank of the Mississippi river, in all cases when the amount in dispute or the fund to be distributed does not exceed one hundred dollars, exclu- sive of interest, including suits for the ownership or possession of movable property not exceeding that amount in value; and suits by landlords for possession of leased premises when the monthly or yearly rent, or the rent for the unexpired term of the lease does not exceed that amount ; subject to an appeal in all cases to the Court of Appeal for the parish of Orleans. All appeals shall be tried de novo, and the judges of the Court of Appeal may provide by rules that one or more of the judges shall try such cases, which they shall be an- thorized to decide immediately after trial and without written opinions.
The judges of said court shall have authority to issue marriage licenses and celebrate marriages, subject to such conditions as may be imposed by law, and to execute commissions to take testimony, and to receive therefor the fees allowed by law ; they shall adopt rules not in contliet with law for the fixing and trial of cases, and shall sit en banc for the purpose of examining the bonds of the clerk and con- stable of said court, and for the trial and removal of said officers, or either of them, in which proceeding they shall be governed by the provisions of this Constitution as far as they are applicable upon the
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subject of the bond and of the trial and the removal from office of the clerk of the Civil District Court.
The city of New Orleans shall provide suitable accommodations for said court, and cases filed in said court shall be allotted equally to the judges thereof. The pleadings in said court shall be in writing, prepared by the litigants, or their attorneys, or by the clerk.
Art. 144. There shall be one clerk for said First City Court of New - Orleans, who shall furnish bond in the sum of five thousand dollars; his qualifications and duties, except as herein provided, shall be determined by law; his salary shall be eighteen hundred dollars per annum, payable monthly. Each judge shall have the appointment of one deputy clerk, whose compensation shall not exceed twelve hundred dollars per annmin. The clerk shall appoint such other deputies as may be authorized by law, provided that their total com- pensation shall at no time exceed the sum of eighteen hundred dol- lars per annuni.
Art. 145. There shall be one constable for said court, who shall furnish bond in the sum of five thousand dollars, and who shall appoint such deputies as may be necessary, and at such salaries as he may fix and pay. Said deputies shall be removed at his pleasure or at the pleasure of the court. His compensation shall be the fees of his office as now or hereafter fixed by law; he shall furnish and pay one deputy to attend the sittings of each judge, who shall have the selection of such deputy, and who, when not engaged in court, shall perform such other duties as the constable may direct.
Tbe clerk of the said court and the constable thereof shall be removable by the judges of said court sitting en banc, for the causes and in the manner prescribed for the removal of the clerk of the Civil District Court, conformably to rules to be adopted by said judges, and subject to an appeal to the Court of Appeal for the par- ish of Orleans.
Art. 146. The judges, clerk and constable of said court shall be elected for the term of four years by the qualified voters of the City of New Orleans on the left bank of the Mississippi river. The first election under this provision shall be held at the next parochial and municipal election.
Art. 147. There shall also be a Second City Court in the City of New Orleans, on the right bank of the Mississippi river, now known as the Fifth District of the City of New Orleans,; and said court shall have the same jurisdiction as the First City Court in all cases where the defendant resides in the Fifth District. There shall be one clerk for said City Court, who shall receive a salary of twelve hundred dollars per annum, payable monthly by the City Treasurer, out of the fund hereinafter provided. There shall be a constable for said court, whose compensation shall be the fees of his office, as may be now or hereafter fixed by law. The judge of said court shall have the same qualifications and authority as the judges of the First City Court, and shall receive the same compensation. Said judge, clerk and constable shall be elected by the qualified voters of said Fifth District of the City of New Orleans, for the term of four years. The first election under this provision shall be held at the next paro-
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chial and municipal election. The clerk and constable shall each furnish bond in the sum of one thousand dollars, to be approved by the judge of the court; and they shall be removable by the judge of said court after due trial, subject to an appeal to the Court of Appeal for the Parish of Orleans.
Art. 148. There shall be a District Attorney for the Parish of Or- leans, who shall be elected by the voters of said parish for the term of four years, and shall receive an annual salary of one thousand dollars, and such fees as may be allowed by law; but no fees shall be allowed in criminal cases except upon conviction. He shall be a licensed attorney, and may appoint two assistants with like qualifica- tions, at salaries not to exceed eighteen hundred dollars per annum. HIe shall appoint such other assistants as may be required, at salaries to be fixed and paid by him.
Art. 149. There shall be a register of conveyances and a recorder of mortgages for the Parish of Orleans, who shall be elected by the voters of said parish for the term of four years. Their qualifications and duties shall be as fixed by law; the register of conveyances shall furnish bond in the sum of fifteen thousand dollars, and the recorder of mortgages in the sum of twenty-five thousand dollars, which said bonds shall be examined by the judges of the Civil District Court, and all testimony given in said examinations shall be reduced to writing and filed in the court; they shall appoint such deputies and at such salaries as are now authorized by law, or as hereinafter pro - vided. They shall be governed, with respect to the fees and expenses of their offices, the manner of their compensation and their obli- gations with regard to accounting and settling, as hereinafter pre- scribed. The compensation of the register of conveyances shall be twenty-five hundred dollars per annum, and that of the recorder of mortgages shall be four thousand dollars per annum.
Art. 150. The judges of the Civil and Criminal District Courts for the Parish of Orleans, and of the City Courts of New Orleans, and the clerks and constables of said courts respectively, and the sheriffs, district attorney, register of conveyances and recorder of mortgages for the Parish of Orleans, who shall be serving at the time of the adoption of this Constitution, shall, unless removed for cause, re- main in office until the expiration of the terms for which they were elected or appointed.
The three judges of the Civil District Court and the one judge of the Criminal District Court, whose terms expire in 1900, shall serve until after the election and qualification of their successors, who shall be elected at the Congressional elections of that year; and the terms of the two judges of the Civil District Court and the one judge of the Criminal District Court, whose terms expire in 1904, shall serve until the election and qualification of their successors, who shall be elected at the Congressional election of that year.
All cases in said courts, and all writs, orders and process issued therefrom, and which shall be pending or in course of execution, together with all the records and archives of said courts, and of the offices hereinabove mentioned shall, upon the adoption of this Con- stitution, at once, and by virtue of the provisions hereof, be trans-
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førred to, and held to be cases pending in, and writs, orders and pro- cess issued from, and in course of execution under the authority of, and records and archives belonging and pertaining to the Civil and Criminal District Courts and the clerks thereof, and the offices of the civil and criminal sheriffs, district attorney, register of con- veyances and recorder of mortgages for the Parish of Orleans,- respectively established and provided for by this Constitution. No change in the system of docketing or numbering shall be required for the purpose of suits which may hereafter be filed in either of said courts, nor shall any new set of books, or system of keeping the same, be required for the purposes of any of said offices. The books and records of the Court of Appeal for the Par- ish of Orleans shall be transferred to, and all appeals held to be cases pending in the Court of Appeals herein provided for, and without the formality of being renumbered or docketed, and the same rule shall apply to cases pending in the Third City Court of New Orleans upon the organization of the Second City Court of New Orleans as hereinbefore provided. Upon the organization of the First City Court of New Orleans, as hereinbefore provided, all books, records and archives of the First, Second and Fourth City Courts of New Orleans, as now constituted, and of the clerks and constables thereof, and all suits, orders and process issued from and in course of execution under the authority of said courts, shall be transferred thereto, and all cases pending in said courts shall be redocketed and numbered in said First City Court, upon application of any of the parties in interest, and without cost to then.
The laws regulating the sessions of and practice in the Civil and Criminal District Courts for the Parish of Orleans, and the City Courts of New Orleans, which may be in force at the time of the adoption of this Constitution, shall, if not in conflict herewith, remain in force until otherwise provided by the General Assembly.
Art. 151. All cases on appeal from the City Courts of New Or- leans to the Civil District Court, upon the adoption of this Con- stitution, shall remain and be tried in said Civil District Court.
Art. 152. The recorders of the City of New Orleans who may be serving at the time of the adoption of this Constitution, shall, unless removed for cause, continue in exercise of their functions and jurisdiction, conformably to existing laws, until otherwise provided, except in so far as such functions and jurisdiction may be affected by the provisions of this Constitution which confer appellate and supervisory jurisdiction on the Criminal District Court and original jurisdiction in certain matters on the City Criminal Courts.
Art. 153. The election of judges and other officers for the Parish of Orleans and City of New Orleans, herein provided for, the time of which is not specially fixed, shall be held at the time of the parochial and municipal elections.
Art. 154. Until otherwise provided by law, the costs to be paid clerks, sheriffs, constables, recorder of mortgages and register of conveyances, shall be as now fixed, except that in no case shall the costs of filing appeals from the City Courts exceed the sum of five dollars.
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Art. 156. The General Assembly shall grade all misdemeanors . and minor offenses against the State, and shall fix the minimum and maximum penalties therefor.
Art. 156. All valid warrants issued for salaries and authorized expenses of the offices of the clerk of the Civil District Court, reg- ister of conveyances and recorder of mortgages for the Parish of Orleans, of the clerks of the City Courts of the City of New Orleans, and for salaries of the clerks of the Court of Appeal, which are pay- able out of the special judicial expense fund provided for by Article 146 of the Constitution of 1879, as amended, and which shall be out - standing and unpaid at the date of the adoption of this Constitution, or which shall be issued for the current month in which this Con- stitution is adopted, are hereby declared to be valid and subsisting claims against the revenues of the respective offices upon which said fund was made dependent.
The holders of said warrants may present them within six months after the adoption of this Constitution to the Board of Liquidation of the City Debt, and receive therefor the bonds hereinafter authorized to be issued; and the City of New Orleans is required, within three months from the adoption of this Constitution, to provide for said warrants or claims, by the issuance of bonds in the sum of two hun- dred and twenty-five thousand dollars, or so much thereof as may be necessary ; said bonds shall be for the face value of said warrants, in such denominations as the said Board of Liquidation shall recon- mend, and shall be dated July 1, 1898, and made payable twenty-five years after date, or earlier, at the option of said board, and shall bear four per cent. per annum interest, payable semi-annually, and represented by interest coupons attached thereto, the first of said coupons payable January 1. 1899; said bonds to be known as Judi- cial Expense Fund Bonds, and to be signed by the Mayor and Commp- troller of the City of New Orleans, and delivered to the Board of Liquidation of the City Debt and shall be countersigned by the president and secretary of said board and issued by said board to the holders of said warrants upon surrender of same. Neither the State of Louisiana nor the City of New Orleans shall ever be liable for the payment of said bonds nor the interest thereon, except from the special fund herein provided for, and any appropriation or other provision therefor made by the State or city shall be null and void.
There shall be stamped across the face of said bonds the words: " Issued in accordance with Article 15G of the Constitution of Louis- iana of 1898."
The clerk of the Civil District Court, register of conveyances and recorder of mortgages for the Parish of Orleans, and the elerks of the City Courts of New Orleans, shall keep acenrate and detailed accounts in books to be used exclusively for that purpose, of all fees and charges collected in their offices, respectively; and they shall furnish, daily, to the city comptroller, transcripts of said accounts duly certified by them or by their anthority, and said officers shall also daily pay into the treasury of the City of New Orleans the whole amount of fees and charges so collected.
From the amount thus paid into the City Treasury, the Treasurer
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shal set apart and reserve twenty per cent. out of which shall first be paid the expenses necessary for the preparation and execution of the aforesaid bonds, and thereafter the same shall be used solely and exclusively to retire the bonds issued in payment of said Judicial Ex- pense Fund Warrants and interest thereon, and the certificates of the comptroller hereinafter authorized; and upon the second Tuesday in December and June of every year the said Treasurer shall pay said amounts so reserved, and also the amounts received from the Civil Sheriff, to the Board of Liquidation of the City Debt, until all the bonds herein authorized have been retired or paid; and on the second Tuesday in February and August of every year, said Board of Liquidation, in accordance with rules to be adopted and made public by it, shall, after paying the semi-annual interest on said bonds, purchase or redeem with such money thus set apart as may have accumulated, and with the surplus of the remaining eighty per cent. as hereinafter provided, as many of said bonds as said money will buy or redeem, preference being given to holders offering at the lowest rate; and all such bonds so purchased or redeemed shall be by said Board of Liquidation immediately canceled, and a record made thereof.
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