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INTEREST TAX FUND JUDICIARY DEPARTMENT.

INTEREST TAX FUND.

1891 to 1893 inclusive relate to levy of tax to pay annual interest on State bonds-establishment of fund, etc. See Secs. 3820 to 3822.

JUDICIARY DEPARTMENT.

CONSTITUTION L PROVISIONS.

In general, 80 to 147, 14, 15.

Power to provide for contempt.

Art. 166.

Impeachment, etc. Art. 196 et seq., 200, 201.

Transfer of cases under Const. Art. 261, Act 29, 1880, p. 29.

SUPREME COURT.

Const., Arts. 80 to 93, 261.

C. P., Arts. 874 to 920.

1894 to 1901 inclusive have been amended by various acts. The whole subject-i. e., return days-is now governed by

Act 69, 1894, p. 80.

AN ACT relative to the Supreme Court, to regulate the session thereof and the appeals thereto.

SECTION 1. That 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 June in each and every year.

SEC. 2. That all appeals returnable by law to the Supreme Court from the parishes hereinafter named, shall be made returnable at the City of New Orleans, as follows:

From the parishes of Caddo, Bossier, Webster, Bienville, Claiborne, Union, Lincoln, Jackson, Caldwell, Ouachita, Morehouse, Richland, Franklin, West Carroll, East Carroll, Madison, Tensas, Concordia and Catahoula on the second Mondays of May and December of each year.

From the parishes of De Soto, Red River, Winn, Grant, Natchitoches, Sabine, Vernon, Calcasieu, Cameron, Rapides, Avoyelles, Pointe Coupee, West Baton Rouge, Iberville, St. Landry, Lafayette, Acadia and Vermilion on the second Mondays of January, April and November of each year.

From the parishes of St. Martin, Iberia, Terrebonne, St. Mary, Lafourche, Assumption, St. James, Ascension, East Baton Rouge, East Feliciana, West Feliciana, St. Helena, Livingston, Tangipahoa, St. Tammany and Washington on the fourth Mondays of March and November of each year.

SEC. 3. That all appeals granted to the Supreme Court on and after the first day of August, 1894, from any of the above named parishes, shall be made returnable at the City of New Orleans as provided in section two; and all appeals pending in the Supreme Court on the first day of August, 1894, and which have been made returnable at the Cities of Monroe, Opelousas, or Shreveport are hereby transferred to the City of New Orleans, there to be tried on their respective return days as fixed in section two of this act; provided that appeals, granted to the Supreme Court by an order of any court prior to the first day of August, 1894, from parishes from which appeals are made returnable to the City of New Orleans by existing laws shall not be in any manner affected by the provisions of

this act, but shall be returned on their respective return days as fixed by existing laws.

SEC. 4. That all laws or parts of laws in conflict or inconsistent herewith are hereby repealed.

1902 to 1908 inclusive provide (1902), for fixing of return day by judge of court from which appeal is taken; (1903), that cases from the several parishes shall be heard by preference and in their order on the return day, and be continued from day to day until disposed of; (1904), that cases in which office is involved, appeals shall be returnable to New Orleans in ten days after judgment in the lower court, and on motion of either party, shall have preference; (1905), appeals in criminal cases shall be returnable to next session of Supreme Court, wherever held; (1906), for preference for hearing appeals in which a police jury or municipal corporation is defendant or plaintiff; (1907), that appeals shall not be dismissed because of certain irregularities of clerk or judge, etc.; and (1908), for proceedings against surety on appeal bond. All superseded by

Act 45, E. S. 1870, p. 100.

AN ACT relative to the Supreme Court, and to regulate the terms thereof, the proceedings therein, appeals thereto, and processes against the sureties on appeal bonds.

Sections 1 to 3, appeals from the parishes, where returnable, superseded by Act 69, 1894, supra.

SEC. 4. That in all cases of appeal, the judge of the court from which it is taken, shall make the appeal returnable to the Supreme Court at the next return day for appeals from the parish, if there shall be time enough for granting it to give the notice required by law, and to prepare the record; if not, then he shall fix the return day for some day within the next term after the appeal is granted, allowing sufficient time to give the citation required by law, and to prepare the record, if sufficient time within the term shall remain; if not, then he shall fix the return day for the following term. If the Supreme Court shall not be in session on the day fixed for the return day of any case, it shall be sufficient for the appellant to file the record within three judicial days at the first session of the Supreme Court thereafter.

SEC. 5. That upon the return day for appeals from the several parishes, as fixed by law, the Supreme Court shall take them up in their order, except as hereinafter provided, and dispose of the same.

SEC. 6. That during the time fixed by law for the trial of appeals from the other parishes. the Supreme Court, while sitting in New Orleans, may also fix and try appeals from the parish of Orleans, provided it does not interfere with or delay the trial of the cases from the other parishes.

SEC. 7. That in all cases in which the right to office is involved, and an appeal is taken from the judgment of the lower court, it shall be returnable in ten days after the judgment of the lower court, and the Supreme Court, on the motion of either party, shall proceed to try the same by preference.

Sec. 8. Superseded by Act 30, 1878, printed infra.

SEC. 9. That in suits pending on appeal, in which a police jury or municipal corporation is plaintiff or defendant, it shall be the duty of the Supreme Court, on the affidavit of the attorney representing the police jury or corporation, that the case is one of serious public interest, and in which a speedy decision is desirable, to have the case called and set for hearing by preference.

SEC. 10. That the Supreme Court shall have full power to establish and

enforce such rules (not inconsistent with law) as may be necessary to secure the regular and expeditious disposition of its business, and the preparation of proper and correct transcripts of appeal. To prevent the accumulation of cases on the docket, the Supreme Court may, during the latter portion of the annual sessions at New Orleans, hear and take under advisement (in addition to cases it can decide from week to week) such number of cases as the judges of the court may be able to examine during the vacation, and render opinions there in at the opening of the following session, and may require such cases to be submitted on briefs.

SEC. 11. That no appeal of the Supreme Court shall be dismissed on account of any defect, error or irregularity of the petition, citation or order of appeal, or in the certificate of the clerk or judge, or in the citation of appeal or service thereof, or because the appeal was not made returnable at the next term of the Supreme Court, or on a proper day, whenever it shall not appear that such defect, error or irregularity may be imputed to the appellant or his attorney; but in all cases the court shall grant a reasonable time to correct such defects, errors or irregularities, in case they are not waived by the appellee, and may impose on the appellant such terms and conditions as in its discretion it may deem necessary for the attainment of justice.

SEC. 12. That in all cases of appeal to the Supreme Court or other tribunals in this State, if the judgment appealed from be affirmed, the party in whose favor it is rendered may, on return of execution in the lower court that no property has been found, or not enough to satisfy the judgment and execution, after due demand on both parties, or their attorneys or legal representatives, obtain a decree against the surety on the appeal bond, or his legal representative, for the amount of the judgment or any unsatisfied balance thereof, on motion, after ten days' notice, which motion shall be tried summarily and without the intervention of a jury, unless the surety or his legal representative shall allege, under oath, that the signature to the bond, purporting to be that of the surety, is not genuine, or that judgment has been satisfied.

SEC. 13. That 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.

SEC. 14. That the rules 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 n the court room.

SEC. 15. That all laws or parts of laws contrary to or in conflict with the provisions of this act, be and the same are hereby repealed, and that all appeals now pending in the Supreme Court, which will require transfer to accomplish the purposes of this act, be and the same hereby are transferred, and power is hereby given to the Supreme Court to compel and regulate such transfer.

A mandamus proceeding, which has for its object the violation of an alleged illegal order for the removal of certain police commissioners of the city of New Orleans, does not involve the right to office, in contemplation of Sec. 7 of Act 45 of 1870. State ex. rel Denis et al. vs. Shakspeare, 43 An. 92. Under Sec. 4 of the act the trial judge has discretion to fix a different return day, if time is necessary to prepare the transcript, and the Supreme Court will not presume that he has abused the discretion. Bartoli vs. Huguenard, 39 An. 411. Judgment was signed on July 11, and appeal was made returnable "at New Orleans within ten days." Court was not then in session anywhere. In October it met at Shreveport, in New Orleans it met in November. Held, that appeal should have been made returnable at Shreveport. State ex rel. Leche, District Attorney, vs. Fowler, 42 An. 145. C. P., Arts. 574 to 879.

Act 39, 1870, Sec. 4, printed at p. 383. Act 129, E. S. 1877, Sec. 9, printed at p. 382.

APPEALS IN CRIMINAL CASES.

Act 30, 1878, p. 56.

AN ACT to provide for appeals in criminal cases; to fix the return day of such appeals, and to limit the time within which such appeals may be granted; - and to provide for the trial of such cases, by preference, in the Supreme Court.

SECTION 1. That in all criminal cases, in which appeals are allowable under the Constitution, the party desiring to appeal shall file his motion, either verbally or in writing, in open court. This motion for appeal must be filed in the courts other than those of the first judicial district during the term at which the sentence shall have been rendered, and in the courts of the first judicial district within ten days after the sentence shall have been rendered.

SEC. 2. That all such appeals shall be suspensive, and no bond shall be required from the appellant.

SEC. 3. That no appeal shall be granted in such cases after the time herein specified shall have elapsed.

SEC. 4. That all such appeals shall be made returnable to the Supreme Court within ten days after granting the order of appeal, whenever the said court may be in session on the return day, and that all such cases shall be tried and determined, by preference; provided, that should the Supreme Court have adjourned sine die at the place of return, the clerk of the said court shall at once forward the record and briefs filed with it to the place where the Supreme Court next meets. addressed to the clerk of the said court, and the case shall be then and there tried; and provided further, that the judge of the court, whence the appeal is taken, may when necessary fix a different place for the return of the appeal, when in his opinion such a change will conduce to a speedy determination of the appeal.

SEC. 5. That all laws and parts of laws inconsistent with this act, be and the same are hereby repealed, and that this act shall take effect from and after the first day of March, 1878.

V

Where, on appellants' own motion and suggestion, the appeal is made returnable at a time and place different from that provided by law, the error is not imputable to the judge and the appeal will be dismissed (State vs. Jenkins et al., 36 An. 865 State vs. Cloud 40 An. 618; vs. Granger Id. 619; Jackson 44 An. 975); aliter, where the return day is fixed by the court. State vs. Balize, 38 An. 542; an appeal from a judgement forfeiting a bond, taken after the final adjournment of the court, will be dismissed. State vs. Jackson, 44 An. 975; and cases cited there. The forfeiture of an appearance bond in the Criminal District Court, is a criminal proceeding (see note p. 275), and appeals from such a judgment, must be taken in conformity with the statute regulating appeals in criminal cases. The law permitting devolutive appeals in civil cases within a year, is not applicable to such a case. State vs. Alexander, 46 An. 548.

1909. Adjournment for Quorum.-The Supreme Court may be adjourned from day to day by one of its judges until a quorum be convened.

C. P.. Art. 880.

1910. Transfer of Cases from Court Organized under Constitution 1864.-All causes pending in the Supreme Court, organized under the constitution of eighteen hundred and sixty-four, or any previous constitution of this State, together with all the proceedings of every kind pending therein, with all the records, books,

papers, furniture, and whatever appertained to said court, be and the same are hereby transferred to the Supreme Court organized under the constitution of eighteen hundred and sixty eight, and said Supreme Court shall have full power and jurisdiction over the same to hear and determine the undecided cases, or to make any decision, rule or order in any cause so transferred that could have been legally made by the Supreme Court organized under any constitution previous to that of eighteen hundred and sixty-eight, and no suit or cause shall abate on account of the transfer hereby made.

Act 29, 1880, p. 29. Transfer of cases under Constitution 1879 (Art. 261). 1911. Preference for cases arising under the intrusion into office act. See Sec. 2604.

1912. Fixing Cases Argued and Not Decided. Whenever the Supreme Court of this State shall, for any cause, fail to render a decision in any case pending before that court at the term during which such case was argued, it shall be lawful for either party in such case to have said case fixed for reargument, orally, or by brief at the next succeeding term of said court; Provided, The motion for such reargument be filed with the clerk on or before the first day of such succeeding term.

1913. Appeals in contested election cases. See Sec. 1434.

1914. Preference for Certain Appeals.—All appeals which have been taken since the first day of June, eighteen hundred and sixty, from the District Courts of the State, and which are now pending, and which have not been finally determined on their merits, shall be heard and determined by preference at the places designated by existing laws for the trial of appeals from the respective parishes; Provided, That the records or transcripts of such causes be filed with the clerks of the Supreme Court at the places the appeals are now made returnable to, on or before the next return day after the passage of this act.

1915. Summary Docket of Court.-The Supreme Court of the State of Louisiana shall have a docket, to be called the summary docket, on which the clerk of the said court shall enter, in the order in which they are filed, all cases involving the distribution of money or effects in the hands of executors, or other representatives of successions, funds or effects in the hands of a sheriff, or other public officer, received in his official capacity, or amounts retained out of the price bid by a purchaser at sheriff's sales; also, cases involving the validity of wills, or cases in which parties as heirs claim to be put in possession of property, money or effects belonging to any succession; also, funds or effects in the hands of syndics or insolvents or receivers