Right of purchaser to re turn jewelry, plates and watches. number of pieces. Every auctioneer who shall offer for sale any jewelry without first making announcement, shall, on conviction thereof, pay a fine of not more than one hundred dollars nor less than fifty dollars for each offence, and said sale shall not be binding on the bidder. D. sec. 153-156; Act 1855, p. 76. SEC. 952. The purchaser at an auction sale of any watch, plate or jewelry, shall have the right to return it to the auctioneer at any time within twenty hours from the day of the sale, if the watch, plate or jewelry be not of the quality represented by him, and the auctioneer shall return to the purchaser the price of the article; should he refuse to do so he shall forfeit his license, and be liable to a fine of five hundred dollars. D. sec. 153-156. VAGRANTS AND SUSPICIOUS PERSONS. SEC. 953. (Definition of vagrants.) See D. 3877. SEC. 954. SEC. 955. D. sec. 959, 2298; Act 1855, p. 130. D. sec. 960, 2299. (Juvenile vagrants, how treated.) See D. 3879. (Reputed vagabonds and suspicious persons, how dealt with.) See D. 3880. D. sec. 962, 2301. SEC. 957. (Second offence, how punished.) See D. 3881. D. sec. 965, 2304. VAGRANTS IN THE METROPOLITAN POLICE DISTRICT. SEC. 959. (Defining vagrants.) Repealed by Act 1871, No. 99, p. 11. See D. 3883. D. sec. 953, 2298, 3883; Act 1869, p. 87; Act 1877, Ex. S., p. 57, No. 35. SEC. 960. (Duty of sheriffs, constables, policemen and other peace officers, relative to vagrants; duty of board of metropolitan police.) See D. 3884. D. sec. 954, 2274, 2299, 3639, 3884. SEC. 961. (Warrant of committal to workhouse, when issued.) Repealed. See D. 3885. D. sec. 2300, 3885. SEC. 962. (Vagrants apprehended with picklock or other instrument, with probable intention of committing crime.) Repealed. See D. 3886. D. sec. 956, 2301. SEC. 963. (Vagrants to have the right of trial by jury.) See D. 3887. D. sec. 2302. SEC. 964. (Release of vagrants, in what cases permitted.) Repealed. D. sec. 2303. SEC. 965. (Penalty for harboring vagrants.) Repealed. See D. 3889. SEC. 966. (Interference with collectors.) See D. 3300. Act 1869, p. 146. SEC. 967. Any State collector, collecting or attempting to collect any licenses or taxes in the name of the State of Louisiana, without having duly qualified and given bond in accordance with law, shall be subject to a fine of not less than one thousand dollars nor more than five thousand dollars, and be imprisoned not less than two nor more than five years at hard labor. It shall be the duty of the attorneygeneral to prosecute all such cases upon information from the auditor, for which he shall receive a fee of fifty dollars, upon conviction. D. sec. 136, 271, 3326. SEC. 968. (Penalty for opposing or insulting police officers; fraudulent badges, etc.) Repealed. Act 1877, Ex. S., p. 57, No. 35; D. sec. 2258; Act 1869, p. 92. Penalty for at tempting to collect without being qualified. Curtis Pollard Williams. SEC. 969. If any other person than the said "Curtius Pollard, Henderson Williams," their heirs or assigns, shall, for hire or pay, transport Infringing feror ferry any person, cattle or goods across the said river, so as to ry privileges of damage, destroy or oppose said ferry or its chartered,rights, within and Henderson the limits specified in this act, such person so offending shall forfeit and pay the sum of fifty dollars for each and every person, animal or package of goods worth twenty dollars, so transported-one-half of which sum shall inure to the party or parties owning the said ferry, and the other half to the treasurer of the parish of Madison, and shall be recoverable before any court of competent jurisdiction; and the party so offending shall be imprisoned in the parish jail for the period of ten days for the first offence, and for the second offence shall be imprisoned not less than twenty nor more than thirty days. D. sec. 1501, 2743; Act 1869, p. 73. drainage districts for re SEC. 970. If any officer of said drainage districts shall refuse to Penalty against perform any duty required of him by this act, he shall be deemed offenders of guilty of a high misdemeanor, and, on conviction thereof, shall be punished by fine or imprisonment, or both, at the discretion of the court. (See drainage.) Act 1869, p. 49. fusal to perform duty. SEC. 971. The sheriff or his deputy, or the coroner or constable, in Sheriff may call whose hands any warrant to arrest a person accused of any crime when necessary has been placed, shall have the right, and it is hereby made his duty, for assistance 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. D. sec. 1084, 1950, 3590; Act 1868, p. 191. ACCESSORIES. SEC. 972. Whoever shall be convicted as accessory before the fact Accessories be to any crime or offence shall suffer the same kind and extent of punhow punished. ishment, according to the circumstances of the case, as might lawfully be inflicted upon the principal offender for such crime or offence. fore the fact, Accessories Act 1855, p. 130; Voorhies' Cr. Jur., p. 106. SEC. 973. Whoever shall be convicted as accessory after the fact after the fact, to any crime or offence shall suffer fine or imprisonment, or both, at how punished. the discretion of the court. Voorhies' Cr. Jur., p. 111. PUNISHMENT. SEC. 974. The judge shall have the power to sentence any person Punishment for who may be convicted for a second or third offence to double and third and fourth triple the penalty imposed by law; and for a fourth offence the person so convicted may be sentenced to perpetual imprisonment. offences. Sentence of death in Orleans, how executed. Voorhies' Cr. Jur., p. 87. SEC. 975. In all cases where the sentence of death shall have been pronounced upon any person in the parish of Orleans it shall be executed by hanging the person by [the neck until he be dead within the enclosure of the prison of the parish, in the presence of the sheriff and at least four witnesses residing therein, who shall duly attest the same under oath, which attestation shall be returned by the sheriff to the court which pronounced the sentence. CRIMINAL PROCEEDINGS. SEC. 976. All crimes, offences and misdemeanors shall be taken, intended and construed according to and in conformity with the The common law of England common law of England; and the forms of indictment (divested, adopted. however, of unnecessary prolixity), the method of trial, the rules of evidence, and all other proceedings whatsoever in the prosecution of crimes, offences and misdemeanors, changing what ought to be changed, shall be according to the common law, unless otherwise provided. D. 858, 859, 2172; Act 1805, p. 440, sec. 33; Act 1855. p. 151; 31 A. 267 ; 32 A. 565, 812. Prosecutions information. SEC. 977. Prosecutions for offences not capital may be by informa- not capital by tion, with the consent of the court first obtained. Act 1877, Ex. S., p. 7, No. 6; Act 1880, No. 35, sec. 2; Act 1874, p. 267, Conviction not tion of blood. SEC. 978. No conviction for any crime or offence shall work cor- to work corrupruption of blood, or subject the offender to any other forfeiture or penalty than such as is declared and specified by law. D. sec. 1513. costs. SEC. 979. Every judgment of conviction shall subject the person The person conconvicted to the payment of all costs of the prosecution, whether so victed liable for stated in the sentence or not. But in no case shall any person be subject to the payment of costs in any criminal prosecution when acquitted by the court or jury. D. sec. 1514; 34 A. 946. Persons sen SEC. 980. Every person being adjudged to pay a fine shall, in de- tenced to pay a fault of payment or recovery thereof, be sentenced to be imprisoned prisoned in defor a period not exceeding one year. D. sec. 1515; 33 A. 704; 34 A. 946. fine, to be imfault of payment. Benefit of the SEC. 981. Whenever a person is sentenced to imprisonment for a given time, and to pay a fine and costs, and to stand committed until insolvent laws. they are paid, and he has not the means to make the payment, he may, after having served the time for which he was sentenced, be enabled to take the benefit of the insolvent laws for the fine and costs, or either of them. D. sec. 1516. Discretion of not to exceed SEC. 982. Whenever the punishments of fine and imprisonment are the court, fine left by law at the discretion of any court, the fine shall not exceed $1000, nor the one thousand dollars, nor the imprisonment two years. D. sec. 1517; 30 A. 1162. imprisonment two years. Punishment of death, how inflicted. Convicts sen SEC. 983. The manner of inflicting the punishment of death shall be by hanging by the neck until dead. SEC. 984. All convicts sentenced to imprisonment at hard labor by tenced to hard any of the courts of this State shall be conveyed by the sheriff of the parish in which the prisoner has been convicted to the penitentiary at Baton Rouge, and there delivered to the keeper of the penintentiary. labor to be taken to the penitentiary. SEC. 985. In all criminal cases where injury to the person or propCivil action for erty has been sustained, the party injured or damaged shall have his damages. civil action for damages, notwithstanding the conviction. Limitation of time within which prosecution may be carried on. Jurisdiction of district and parish courts D. 2582; C. C. 2315 (2294). SEC. 986. No person shall be prosecuted, tried or punished for any offence (wilful murder, arson, robbery, forgery and counterfeiting excepted), unless the indictment or presentment for the same be found or exhibited within one year next after the offence shall have been made known to a public officer having the power to direct the investigation or prosecution. Nor shall any person be prosecuted for any fine or forfeiture, under any law of this State, unless the prosecution for the same shall be instituted within six months from the time of incurring such a fine or forfeiture. Nothing herein contained shall extend to any person absconding or fleeing from justice. Act 1872, p. 42, No. 4, sec. 3-bribery; D. sec. 2814; 33 A. 1017; 28 A. 40; 29 A. 704; 34 A, 1075; 35 A. 49; 31 A. 851. SEC. 987. Whenever the Mississippi river, or any other river, bayou or lake, is the boundary of any parish, the jurisdiction of the district or parish court of such parish shall extend to the middle or center of the middle of such river, bayou or lake, and it shall have cognizance of all crimes and offences committed within such boundary. to extend to rivers, etc. Crimes com mitted within one hundred yards of the boundary to be cognizable in either parish. Prosecution for SEC. 988. When any crime or misdemeanor shall be committed on the boundary of two or more parishes, or within one hundred yards thereof, or within one hundred yards of any other boundary, or shall be begun in one parish and completed in another, it may be dealt with, inquired of, tried, determined and punished in either of the parishes in the same manner as if it had been actually and wholly com SEC. 989. In all prosecutions for libel the truth may be given in evidence; and if it appear that the matter charged as libelous is true, libel, truth may and was published with good motives and justifiable ends, the party be given in evidence, etc. shall be acquitted. C. C. 2315 (2294); D. 3641. |