nation, and which have been or may be forfeited to the State for any reason, shall be collected in the following manner, viz.: The recorder or justice of the peace shall immediately forward to the Criminal District Court in the parishes of Orleans and the District Court in the other parishes of the State all the original papers in the cause in which said bond is forfeited and it shall be the duty of the District Attorney to proceed to the forfeiture and collection of the said appearance bail bond in the same manner as existing laws provide for the forfeiture and collection of bail bonds forfeited before the District Courts of the State, and to that end the said District Courts are vested with jurisdiction of the said proceeding. Provided nothing in this act shall effect any bond on which suit has been brought previously to the passage of this act.

SEC. 2. That all laws or parts of laws contrary to or inconsistent herewith, be and the same are hereby repealed.

CRIMINAL PROCEEDINGS IN PARISH COURTS.

1072 to 1082, inclusive, relate to district attorneys, pro tempore their appointment, duties, trial of accused persons before parish courts when jury is waived etc. See Secs. 1178 to 1188.

DUTIES OF SHERIFFS, ETC., IN CRIMINAL PROCEEDINGS.

1083. Sheriff, etc., to Make Arrests Forthwith-Custody of Accused. It shall be the duty of the sheriff, by himself or his deputy, the coroner or constable in whose hands any writ of arrest, bench warrant or other order to arrest any person charged with committing any criminal offense has been placed, forthwith to arrest such person, and to take him before the officer authorized to examine the case, if the accused has not already been indicted, or an information filed against him. If an indictment or information has been filed against the accused, the officer making the arrest under the warrant issued on such indictment or information shall confine the accused in jail until he executes such bond as may be required of him by the judge of the court before whom the indictment or information was filed, and if the accused is to be examined before any committing officer, the sheriff or other officer shall hold the accused in custody until the close of the examination; and if required to give bond, the accused shall be confined in jail until he complies with the order of the committing officer, and in either of the above cases, if the offense. be not bailable, the accused shall be carefully confined in jail until discharged according to law (Act 123, 1868, 161).

Act 40 E. S. 1870, p. 94, authorizes "the Governor in certain cases to issue warrants for the apprehension of persons charged with murder and other offences, and provides for the arrest and examination of such persons."

1084. Sheriff, etc., May Call for Assistance.-The sheriff or his deputy, or the coroner or constable in whose hands any warrant to arrest a person accused of any crime has been placed, shall have the right, and it is hereby made his duty, if he should deem it.

necessary to assist or enable him to execute any such writ, to summon as many persons as to him may seem necessary in making such arrest, and all such persons so summoned by any of said officers, not under eighteen, nor over forty-five years of age, who shall fail or refuse to render such aid and to obey the officer in executing such writ shall, on conviction thereof, be fined in a sum of not less than one hundred, nor more than five hundred dollars, and be imprisoned in jail not less than one month, nor more than six months, at the discretion of the court; and it is hereby made the duty of all such sheriffs, deputies, coroners, constables, or other persons authorized to make arrests, to report to the next grand jury any such delinquency or failure to assist such officer.

1085. Return of Writ.-The sheriff or other officer in whose hands any writ or order of arrest is placed ordering the arrest of any person accused of crime, shall, within ten (10) days after such writ is placed in his hands, if he has not made the arrest, make return of such writ to the court or officer by whom the same was issued, under oath, stating the reason of his inability to make the arrest, and that he has used every means in his power to make such arrest; that the accused has either fled from the parish, or so securely conceals himself that he has not, after careful search in good faith, been able to find him. Such return shall be made on a copy of the original writ, which copy shall be filed with the officer issuing the original writ, and the original writ shall remain in the hands of the officer ordered to make the arrest, and under which he is still to proceed to make the arrest; and such original writ shall be sufficient warrant at all times for the officer to make the arrest in any parish in this State without further certificate or formality. And it shall be the duty of the officer holding the warrant of arrest to pursue the accused into any parish in this State, and there to arrest him under such warrant, and when the arrest is made out of the parish from which the warrant is issued, the prisoner is to be conveyed to the parish where the writ issued, for examination or imprisonment.

1086. Neglect of Duty by Sheriff, etc., Penalty. If the sheriff or his deputy, or the coroner or constable in whose hands a writ or order of arrest has been placed shall fail to make such arrest, or fail to make the return showing the reason why he has not done so, and the other facts under oath, as required by this act, such fact being brought to the knowledge of the District or Parish Court by the district attorney or the district attorney pro tempore, whose duty it shall be, if it shall come to their knowledge that there has been such delinquency, to bring the same to the knowledge of the court in a written statement to that effect, filed in court; or if any other per

son shall, in a written statement filed in court and sworn to by them, bring such delinquency to the knowledge of the court, the court, after two days' notice to the delinquent of such statement being filed, shall proceed to hear the excuse of the delinquent, which shall be on oath and in writing, and such other evidence as either party may offer. And if it shall appear he has failed or refused properly to discharge the duties of his office as required by law and this act, the judge shall suspend him from the discharge of the duties of his office, and it shall be the duty of the judge to forward to the Governor of the State a copy of the proceedings and order of suspension, to be by him laid before the Legislature at its next session for their action, in either reinstating the officer or dismissing him permanently from office, and that during his suspension the coroner of the parish, or in the event of his absence or inability to act, or the office being vacant, the judge shall appoint some constable of the parish to act in his place, who shall have all the fees and emoluments of the office, and shall also, for the same reason, should such occur, be dismissed from office and another appointed. If the suspension from office is affirmed by the General Assembly, then the vacancy shall be filled as other vacancies; the officer acting in the place of the one suspended shall continue to act until the vacancy is filled.

1087. Judges to supervise officers appointed by law to execute writs and orders. See Sec. 1953.

1088. Sheriff, etc., and Sureties Liable for Failure to Serve Process. A neglect, failure or refusal of any sheriff or his deputies, or the coroner, or constable, to serve any citation, levy any attachment, provisional seizure, sequestration, injunction, execution, arrest, or other legal process in either a civil or criminal proceeding by which any person, the State, parish, municipal corporation, or other corporation, or persons ordering the same, shall be injured, or lose their recourse on the claim sued on, or on the property which was liable to seizure under any of such writs at the time they were placed in the hands of such officer, said officer shall be responsible, as well as his securities on his official bonds, to the party so injured or damaged for the full amount owing on the claim sued on, or the writ he has failed to execute, or other damage, and proof by the party injured that the failure of the said officer to serve the citation or other writ on the proper party, or that he made illegal service thereof, so that prescription barred the claim, or the court was deprived of jurisdiction, or that when the writ of attachment, provisional seizure, sequestration, injunction, execution, arrest, or other legal process was placed in such officer's hands, the party or parties against whom such writs were issued, had property, rights or credits liable to seizure, and within

the jurisdiction of such officer, and he failed to seize the same, shall be prima facie evidence of liability of such officer and his securities on his official bond for the amount of such writ; Provided always, that the sheriff or other officer shall have the right to require an indemnifying bond in cases now provided by law.

1089, 1090. Neglect or refusal of clerk to issue papers. Liability of clerk for failure to observe formalities in issuing papers. See Secs. 486, 487.

DUTIES OF CORONER IN CRIMINAL MATTERS.

Power

1091 to 1094, inclusive, prescribe manner of taking testimony. Verdict of coroner's jury, etc. Recognizance of witnesses. to arrest accused persons. See Secs. 662 to 665.

CURATOR.

1095 to 1099. Appointment of under curator. His duties; can not be member of family meeting; vacancy in curatorship, how filled. Position does not devolve on under curator. Under curatorship ends when curatorship does. See R. C. C., Arts. 406 to 411.

1100. Record and Effect of Curator's Bond.-Before any person shall be appointed curator or representative of any person interdicted, or absentee, the bond required to be given, in order to obtain such appointment, shall be recorded in the book of mortgages in the parish of the domicile of the person to be appointed curator, and a certificate to that effect, presented to the judge, must precede the appointment, on pain of nullity of such appointment. It shall be the duty of such curator, and of any relation or friend of the person interdicted or absentee, to have such bond recorded in any and every parish in the State in which the curator is the owner of mortgageable property; and in the event of the failure of the curator to have such bond recorded, as above required, on conviction thereof he shall be fined in a sum of not less than one hundred dollars, and imprisoned at the discretion of the court; and the recording of such bond shall operate a mortgage on all the mortgageable property then or subsequently owned by such curator from the date of the recording of the bond (Act 95, 1869, p. 114).

R. C. C., Art. 3354.

1101. Effect of Recording Inventory, etc.-When any person, who, without having been appointed tutor or curator of minors (interdicted or absent persons), interfere in the administration of

their property, any person shall have the right to record in the book of mortgages of the parish of such persons' domicile, the inventory and appraisement of the property belonging to such minors, interdicted or absent persons, if there be one, or other written evidence of the amount and value of the minors', interdicted or absent person's property; and if there be no written evidence thereof, a statement of the property and its value, and of the name of the intermeddler, under oath, made by any person, which, when so recorded, shall operate a mortgage on all the property then or subsequently owned by such person interfering in the administration as aforesaid; and it shall be the special duty of the parish judge or recorder to cause said record to be made upon pain of any damages that may result to any such minor, interdicted or absent person, if any such interference come to their knowledge or may be reported to them by any credible person; all expenses so incurred shall be paid by such minor, interdicted or absent person, or out of their effects.

R. C, C., Art. 3355.

1102. Amending R. C. C., Art. 1123, as to appointment of curator where several persons make application, now embodied in R. C. C., Art. 1123.

1103. Curator for absentee. See Sec. 1.

1104. Suits against curators may be continued against heirs by making them parties. See C. P., Art. 120.

1105, 1106. Executors, etc., to deposit money collected in bank; penalty for failure to do so. Creditors or other interested persons See R. C. C., Arts. 1150, 1151.

may compel him to file account.

1107. Must render an account at least once in twelve months. Penalty for failure to do so. See R. C. C., Art. 1191.

1108. Curators to continue in office until estate is settled. Creditors may ask for additional security. See R. C. C., Art. 1195. R. C. C., Art. 1673.

1109. Representatives of successions may make sales themselves, or employ sheriff or auctioneer. See R. C. C., Art. 1171.

1110. Must qualify within ten days after appointment, or at least begin inventory; otherwise judge may ex officio appoint another. See R. C. C. 1132.

1111. The heir, or surviving partner, in community or in an ordinary partnership, may buy at sales of estates represented by them as curators, etc. See R. C. C., Art 1146, part 2.

1112. Administration not lost by temporary absence of curator, etc., when an agent is appointed and his power of attorney is registered. See R. C. C., Art 1154.