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sum not exceeding one thousand ($1000) dollars, or both, at the discretion of the court.

Rescue.

1968. [R. S. 862.] Whoever shall, by force or without due authority, set at liberty any person found guilty of a capital offense, on conviction shall suffer imprisonment at hard labor not exceeding fourteen years.

1969.

[R. S. 863.]

[R. S. 863.] Whoever shall, by force, set at liberty, or aid to set at liberty, any person committed to prison for any capital crime, shall on conviction suffer imprisonment at hard labor not exceeding seven years.

Furnishing Tool for Escape.

1970. [R. S. 864.] Whoever shall furnish, or cause to be furnished, any tool or implement to any person in custody, for the purpose of enabling him to escape, shall on conviction suffer fine or imprisonment, or both, at the discretion of the court. Whoever shall, by force or without due authority, set at liberty any person in custody for any offense not capital, shall on conviction be fined not exceeding three hundred dollars and imprisoned at hard labor not exceeding two years.

Resistance to Process.

1971. [R. S. 865.] Whoever shall illegally resist, oppose or assault an officer of this State, while serving or attempting to serve or execute the process, writ or order of any court, or shall assault and beat or wound any officer or other person duly authorized, while serving or executing any process, writ or order aforesaid, shall on conviction be imprisoned not exceeding two years at hard labor or otherwise, or fined not exceeding one thousand ($1000) dollars or both at the discretion of the court. (Amd. Act 11, 1882, p. 9.)

Officer serving process, State vs. Kelly, 134 La. 535.

Resistance defined, State vs. Scott, 123 La. 1085; Armstrong vs. R. R., 46 A. 1448.

The Indictment, State vs. Perkins, 43 A. 186; State vs. Johnson, 42 A. 560.

Resisting Officer of Humane Society.

1972. [Sec. 10, Act 28, 1914, p. 93.] Any person resisting the officers [of any Humane Society] empowered [to remove sick animals], in carrying out the provisions of this act, shall be

guilty of a misdemeanor, and upon conviction be fined not less than five nor more than twenty-five dollars, or be imprisoned not less than five nor more than twenty-five days, or both, at the discretion of the court.

Impeding Commissioner of Labor.

1973. [Sec. 5, Act 186, 1914, p. 353.] Any person who shall wilfully impede or prevent the Commissioner [of Labor] or Assistant Commissioners in the full and free performance of his or their duties shall be deemed guilty of a misdemeanor and upon conviction of the same shall be fined not less than ten nor more than fifty dollars or be imprisoned not less than five days or more than twenty-five days in the parish jail, or both at the discretion of the court.

Preventing Bail From Arresting Defendant.

1974. [R. S. 866.]

Whoever shall forcibly oppose, obstruct or prevent any bail, or his agent duly appointed, from arresting any such defendant, or shall forcibly rescue, or attempt to rescue him after he shall have been arrested, shall be liable, on conviction thereof, to all the pains and penalties that are by law prescribed for opposing, obstructing or preventing sheriff from executing process, and shall moreover be liable to the bail for all damages he may sustain by reason of such forcible opposition, obstruction or rescue.

Prison Breaking.

1975. [R. S. 867.] Whoever, being lawfully imprisoned, shall break or conspire to break prison shall on conviction suffer imprisonment or fine, or both, at the discretion of the court. reality amd. by Sec. 3, Act 107, 1902, p. 161.)

Tampering With Witness.

(In

1976. [R. S. 880.] Whoever shall be convicted of bribery or attempting to bribe any witness, or by any force, or threat, or intimidation of any kind, or by persuasion, to prevent any witness, in a criminal case, in any of the stages of prosecution, from making the oath in any order to obtain a warrant of arrest, to the final trial inclusive, from appearing or testifying as a witness, shall be sentenced to imprisonment at hard labor in the penitentiary, not less than one nor more than five years.

A witness is a person having knowledge of a fact; it is not necessary that he should have been summoned, or that there should be pending a

criminal case in the technical sense, State vs. Desforges, 47 A. 1167; State vs. Tisdale, 41 A. 339.

Allegation or proof of guilty intent not necessary, State vs. Quinn, 131 La. 490.

The Indictment, State vs. Taylor, 49 A. 967.

Witness Failing to Appear.

1977. [R. S. 881.] Any witness in a criminal proceeding, in any of its stages from making oath to obtain a warrant of arrest to the final trial inclusive, who shall fail to appear or give evidence when legally required to do so, by reason of being bribed or persuaded not to do so, upon due conviction thereof, shall be sentenced to imprisonment at hard labor in the penitentiary, not less than one nor more than five years.

Refusal of Witness to Attend Examination.

1978. [Sec. 2, Act 40, 1870, E. S., p. 95.] The failure or refusal of any witness subpoenaed [on behalf of the State to attend the preliminary examination of an accused, arrested on the Governor's warrant] to attend such examination and give testimony, shall, upon due conviction, be fined one thousand dollars, and imprisoned in the parish jail for not less than three months. Impeding Fire Marshal in His Investigations.

1979. [Sec. 4, Act 26, 1914, p. 82.] The Fire Marshal, or his authorized representatives shall have the power of a committing magistrate for the purpose of summoning witnesses, administering oaths and affirmations, and it shall be the duty of any sheriff or constable to serve any process that may be directed to him, by the Fire Marshal, or his authorized representatives. False swearing in any matter or proceeding aforesaid shall be deemed perjury, and shall be punished as such. Any witness who refuses to be sworn, or who refuses to testify, or who disobeys any lawful order of said Fire Marshal, or his authorized representatives, or who fails or refuses to produce any book, paper or document touching any matter under examination, or who is guilty of any contemptuous conduct after being summoned by said Fire Marshal, or his authorized representatives, to appear before him or them, to give testimony in relation to any matter or subject under investigation as aforesaid, may be charged with contempt before any court of competent jurisdiction, and if found guilty be fined a sum not less than $5.00, nor more than $50.00, or be imprisoned in the parish jail for not less than five days, nor more than twenty days.

Failure to Assist in Arrest.

1980.

[R. S. 971.]

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 or 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.

Failure of Administrator, etc., to File Account.

1981. [Sec. 1, Act 11, 1884, p. 19.] Whenever any administrator, tutor, or executor, syndic of an insolvent estate, or others holding fiduciary trusts shall neglect, fail or refuse, after having been ordered by a court of competent jurisdiction, to file in the court where such trust is exercised, once between the first day of January and the thirty-first day of December of each calendar year, a full and complete account and statement of such trust, shall be guilty of a misdemeanor, and on conviction, shall be fined in a sum not exceeding five hundred dollars ($500), and in default of payment, imprisoned not exceeding six months.

1982. [Sec. 2.] Judges exercising criminal jurisdiction shall give this act specially in charge to grand jurors.

OFFENSES AGAINST EXEMPTION LAWS.

Exemption from General Seizure.

1983. [Sec. 1, Act 79, 1876, p. 123.] The sheriff or constable can not seize the linen and clothes belonging to the debtor or his wife, nor his bed, bedding or bedstead, nor those of his family, nor his arms and military accoutrements, nor the tools and instruments, and books, and sewing machines necessary for the exercise of his or her calling, trade or profession by which he or she makes a living; nor shall he in any case seize the rights

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of personal servitude, of use and habitation, of usufruct to the estate of a minor child, nor the income of dotal property, nor money due for the salary of an officer, nor laborer's wages, nor the cooking stove and utensils of said stove, nor the plates, dishes, knives and forks and spoons, nor the dining table and dining chairs, nor wash tub, nor smoothing irons and ironing furnaces, nor family portraits belonging to the debtor, nor the musical instruments played on or practiced on by any member of the family.

Procuring Waiver of Exemption.

1984. [Sec. 2.] Any person offending against the provisions of this act, or who shall by any article or subterfuge induce or procure another to sign away, by contract or otherwise, any of the rights which he or she may have under this act, shall be deemed guilty of a misdemeanor, and on conviction shall be fined in a sum not exceeding two hundred dollars, or imprisonment for a term not exceeding six months, or both, at the discretion of the court.

Removal of Exempted Property.

1985. [Sec. 3, Act 62, 1877, E. S., p. 102.] It shall not be lawful for the vendors or transferrors of any movable property exempt from general seizure to enter the premises of any person to whom such property has been sold or transferred with the object of removing said property under the assumption or pretense that the buyer or transferree has by agreement given such right of entry or removal.

Penalty.

1986. [Sec. 4.] Any person guilty of entering and removing any property as above mentioned shall be considered to have committed a misdemeanor, and upon conviction shall be fined not more than two hundred dollars and imprisoned not more than three months, or both, at the discretion of the court; provided, that nothing contained herein shall deprive the party injured of his or her civil action in damages; provided, further, that nothing in this act be construed to prevent the sheriff or constable from entering and taking under proper legal process property not exempt from seizure, and which, although exempt from general seizure, is liable to be levied on for the enforcement of the vendor's privilege when existing.

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