a prisoner, confined in the prison under my charge, departed this life, that his body now remains in the said prison in the situation in which he died, and that I request you will summon a jury of inquest to perform the duties in such case required by law." Art. 632. The summons for the jury and the inquest shall be in the form herein before prescribed for inquests on dead bodies. Art. 633. Discharge when no sufficient cause of detention is shown by the return. "By J. L. judge of the district court, &c. To the keeper of the prison of the parish of New-Orleans. "Discharge out of your custody C. D. of the said city, if detained for no other cause than that shown by your return to the writ of habeas corpus, allowed by me on the day of last, and for your so do ing this shall be your sufficient warrant. in the year Dated the day of Art. 634. Order to remand when sufficient cause of detention is shown. "To the keeper of the prison, &c. "C. D. brought before me on a writ of habeas corpus, dated the day of instant, is remanded to your custody, the cause shown by you, in your return to the said writ, being sufficient in law for his detention." TITLE III. OF THE FORM TO BE USED IN THE PROCEEDING AUTHORISED BY THE FIRST BOOK, TITLE THIRD, FOR CALLING FOR AND EMPLOYING MILITARY FORCE. ONLY CHAPTER.. Forms of information and requisition. Art. 635. Information of the existence of a riot or insurrection. "To J. L. district judge, and I. K. and L. M. justices of the peace. "A. B. and C. D. inhabitants of the city of New Orleans, being duly sworn, say, that a number of men, consisting of more than twenty, [that is to say, one hundred and more,] according to the best estimate the deponent can make of their numbers, are now assembled [in Chartres-street in this city, many of them armed with swords and pistols, and others with clubs, and bricks, and other missiles, with the intent, as avowed by many of them, to break into the prison of the said city in order to liberate the persons legally confined therein; that they have already begun to execute their threats by breaking the outer door of the said prison,] and that they have refused to disperse, although they were ordered so to do by proclamation, solemnly made in the manner directed by law by a magistrate; and the deponent further says, that the said rioters cannot be arrested or dispersed by the ordinary form of civil authority, such arrest having been attempted by the officers of justice, who were always resisted by force and with deadly weapons, [and some of them wounded and others killed in the attempt."] Art. 636. Application of the judge and other magistrates to the governor for the employment of a military force. "To his excellency H. J. governor of the state of Louisiana. "We, J. L., judge of the district court, and I. K. and L. M., justices of the peace for the city of New Orleans, being convinced by the affidavits of two inhabitants of this state, that a riot has taken place in the parish [of the city of New Orleans,] where they reside, and that the persons engaged therein cannot be arrested or dispersed by the ordinary force of civil authority; all which, as well as the object of the said riot, appears by the affidavit aforesaid, which is hereunto annexed and to which we refer : we therefore request, that you will be pleased to order a military force of at least two hundred men, to repair to the place where the said rioters are assembled, and to act under our direction, according to law." TITLE IV. OF THE FORMS USED IN THE PROCEEDINGS AUTHORIZED IN THE SECOND BOOK, FOR PROSECUTING OFFENCES. CHAPTER I. Special forms of complaints, accusations, citations, and warrants of arrest. day of Art. 637. Form of a complaint where the complainant is not sufficiently acquainted with the circumstances to make oath of the fact. "Be it remembered, that on this before me, P. B., associate judge of the city court of the city of New Orleans, personally appeared A. B. of the said city, who made complaint, that [his store, situate in Royal-street, was broken open last night between the hours of ten and twelve, and that ten pieces of Irish linen were stolen and carried away] by some person or persons to him unknown, but that he believes [his opposite neighbour C. D.] can give testimony that may designate the offenders. "Sworn this day before me." (Signed) "A. B. Art. 638. Citation for witnesses to appear before the magistrate. "Mr C. D., you are commanded to appear forthwith before me, [G. P., one of the associate judges of the city court of the city of New Orleans, at my office in the city hall,] to testify what you know relative to a complaint made by A. B., of [house-breaking]; and hereof fail not under the penalties imposed by law of fine, imprisonment, and constraint. Given under my hands, this in the year Art. 639. Return of the service. day of "I, H. R., one of the constables of the city of New Orleans, certify, on my oath of office, that I did on this day deliver a copy of the within citation to C. D. therein named, about the hour of ten in the morning." Art. 640. If the witness does not appear according to the citation, the magistrate is authorized to impose a fine not exceeding five dollars, and to issue a warrant of attachment to constrain his appearance; and if he appear and refuse to give testimony, he may commit him to prison until he shall submit to be examined. Art. 641. Warrant of attachment to compel the appearance of a witness before the magistrate. "By G. P., associate judge of the city court of New Orleans. To any officer of justice of the said city : "You are commanded to take into your custody C. D., and bring him forthwith before me, that he may be examined as a witness in the complaint of A. B. entered before me of the [crime of house-breaking]; and for so doing this shall be your warrant. Witness my hand, this day of in the year Art. 642. Complaint by a person incapable of giving testimony. "Be it remembered, that on this day of before me, G. P., one of the associate judges of the city of New Orleans, appeared [Robert, a mulatto slave, late belonging to J. S. deceased], who declared, that last night, at about eleven o'clock, two white men, who were at work on the plantation of the said J. S., entered his chamber, when he was in bed, and with an axe gave him several mortal wounds, of which he soon after died; that he, the appearer, came into the chamber and saw the last blow given, immediately after which the said persons fled ; that their names were G. H. and I. K.-the first a very tall spare man, about thirty years of age-and the other short, and about the age of sixty; that a free mulatto man, named John Clark, also saw the stroke given, and endeavoured, with the deponent, to arrest the murderers, but that they could not effect it; and that the said John Clark refused to accompany this appearer to make complaint." day of in Art. 643. Ex officio complaint by the public prosecutor. "Be it remembered, that on the the year before me, J. P. &c. came J. P., attorney-general of the state, who gave me to understand, that he had reason to believe that [ A. B. and C. D. would, if examined, prove that the offence of giving and receiving a challenge to fight a duel had been lately committed by E. F. and G. H. of the city of New Orleans, respectively]; he therefore required, that a citation should be issued to the said A. B. and C. D. to appear and testify what they know in the premises." Art. 644. Form of an accusation where the defendant's name is not known. "Be it remembered, that on the day of in the year before me, G. P., one of the justices of the peace, &c. personally appeared A. B. of the said city, who on his oath declared, that on [this day, at nine o'clock in the morning, he was attacked in the high road in this parish, and by violence was robbed of ten dollars in silver and a gold watch, which were taken from his person by a man unknown to the deponent, with red hair, and a large scar over his left eye, marked with the small pox, and appearing to be about six feet high, and dressed in a sailor's jacket and trousers."] CHAPTER II. Forms of proceeding in offences against the sovereign power of the state, from the complaint to the indictment; but applicable in the formal parts to the other offences mentioned in this title. his Art. 645. Form of an accusation of sedition. "Be it remembered, [as in the above form], who on his oath declared, that J. S. [of the parish of St Mary's, now in this city, hath enlisted in this city more than one hundred men, and arrayed and furnished them with arms], for the purpose of subverting and changing the constitution of the state by force of arms, [so as to abolish the senate and make other changes in the said constitution; that the deponent was applied to by the said J. S. to enlist for the purpose aforesaid, and saw him enlist ten other persons, to whom he gave arms in the presence of the deponent."] Art. 646. Form of complaint for exciting sedition by a writing. "That J. S. of this city has confessed himself as the author and publisher of a writing, published in handbills in this city on or about the day of last, a copy of which is hereunto annexed, by which he excites the people of this city to resist, by force, the execution of a constitutional law of the state, that is to say, [to resist the execution of an act imposing a tax on the real estate in this city, passed the day of ייך. Art. 647. Complaint for exciting insurrection, by joining a meeting of slaves with design to promote. day of --"That J. S. on the was present at a meeting of slaves held in this city, at which meeting an insurrection of the slaves against the free inhabitants of this state was planned, with design to promote such insurrection; that the deponent was concealed and heard the said J. S. persuade the said slaves then present to attempt such insurrection by [seizing the arms in the city and the powder-magazine on the other side of the river."] Art. 648. Complaint for designedly using language calculated to make the slaves discontented with their state. day of "That J. S. in a discourse addressed himself to a number of slaves assembled in the street of the Esplanade, on Sunday, the last, in the hearing of the deponent, and used the following words, or words to the same effect Poor fellows! you serve hard masters in this country-you can never know the blessings of liberty-your life is a life of misery'-with intent to render the said slaves discontented with their state of slavery." Art. 649. Warrant of arrest in sedition, on the above accusation. "By G. P. one of the associate judges of the city court of New Orleans. To the sheriff of the said city. "You are commanded forthwith to arrest, and bring before me, J. S., of the parish of St. Marys, charged on oath with sedition in enlisting men and furnishing arms, for the purpose of subverting the constitution of the state by force-that he may be examined and dealt with according to law. Given under my hand, the day of Art. 650. Examination of the prisoner.. "Be it remembered, that on the year day of in the in the J. S. being brought before me, on my warrant, issued on the complaint of A. B. on a charge of [sedition in attempting to subvert the constitution of the state by force of arms,] I did, according to law, inform him of the nature of the accusation against him, and read to him the examinations of the witnesses which had then been taken; who, that is to say, I. K. and H. H., were at his request summoned and were cross examined by him, as appears by the said examinations hereunto annexed; and I did then inform him, that although he was at liberty to answer the questions I was about to put to him in what manner he thought proper, or not answer them at all, yet a departure from the truth, or a refusal to answer without assigning a sufficient reason, must operate as a circumstance against him as well on the question of commitment as of his guilt or innocence on the trial. put to him the following interrogatories : 1. What is your name and age? I then To which he answered, ['My name is J. S. and I am twenty-five years of age.]' 2. Where were you born? To which he answered, ['in the city of New Orleans.]' 3. Where do you reside, and how long have you resided there? [Insert answer.] 4. What is your business or profession? [Insert answer.] 5. Do you know the persons who have been sworn as witnesses on the part of the accusation, or any, and which of them, and how long have you known them? To which he answered, &c. 6. Where were you at the time the act of which you are accused is stated by the witnesses to have taken place? To which he answered, ['I was at the town of Natchez.]' 7. Give any explanation you may think proper of the circumstances appearing on the testimony against you, and state any facts that you think will tend to your exculpation. To which he said, [state the answers of the defendant.] Art. 651. If, after examination and hearing evidence, the magistrate shall think there is not reasonable ground for committing the defendant, he shall write on the warrant, immediately after the return, "Let the within named J. S. be discharged, the evidence, on examination, not being sufficient for commitment," and shall then sign the same. |