more disinterested and credible witnesses, that the defendant or party accused is prevented from attending by some physical disability existing at the time. D. sec. 1168, 1509; 3 A. R. 225; 5 A. R. 744; 6 A. R. 260; 11 A. R. 626; 12 A. R. 189, 472; 12 A. R. 720; Act 1855, p. 151; Voorhies' Cr. Jur., p. 359. exonerate secu SEC. 1033. The appearance and answer of any defendant or party Appearance of accused, upon call made as provided for in the preceding section, shall accused not to not operate as a discharge or release of any surety from his respon- rity. sibility, and no such surety shall be discharged or released from his responsibility until the final trial and conviction or acquittal of such defendant or party accused. Any surety may be relieved from re- Surety may exsponsibility by making a formal surrender of the defendant or party by the surren⚫ accused to the sheriff or his deputy, in open court or within the four der of the acwalls of the prison of the parish, and not otherwise. 31 A. 715; D. sec. 88-90, 362-364, 1510, 3569, 3571, 3734; 7 A. R. 274; 13 A. R. 111; 31 A. 715. SEC. 1034. It shall be the duty of the clerks of the several district courts to issue notice of such judgment to the parties concerned, as in ordinary civil cases, and on the service and return thereof, after the sual delay, to issue executions on all such judgments, which is made the duty of the several sheriffs throughout the State to execute without delay. D. sec. 1511, 3570; 7 A. R. 274. onerate himself cused. execution as in Judgment and civil cases. Sheriffs' com SEC. 1035. The sheriffs throughout the State shall retain ten per D. sec. 763, 1512, 3561, 3573. WITNESSES IN CRIMINAL PROSECUTIONS. Witnesses from cases. SEC. 1036. In all criminal prosecutions in which the punishment to be inflicted may be death or imprisonment at hard labor in the penitentiary, witnesses may be compelled to attend the sessions of the other parishes compelled to atcourt from any parish of the State, if the prosecuting attorney, or any tend in certain citizen, or the accused, shall state on oath what it is expected to prove by the witness, and the court, or judge in vacation, upon examination of the case and the affidavit, shall, in his discretion, determine that the attendance of the witness is indispensable to the trial; and for that purpose the court before which a prosecution is pending may cause to be issued subpoenas and attachments to its officers, as the case may require. D. sec. 3952; 28 A. 46. SEC. 1037. It shall be the duty of the sheriff of the parish in which Subpoenas to be the witness resides to serve the subpoenas and make due returns served by the sheriff of the thereof without delay. In the parishes of Orleans and Jefferson the parish where the witness re- sheriffs thereof may reciprocally serve all such subpoenas in either of said parishes, but where attachments become necessary in order to coerce the attendance of witnesses, they shall be executed by the sheriff of the parish in which the prosecution is pending. sides. Constitution of United States, art. 4, sec. 2. ARREST AND DELIVERY OF FUGITIVES FROM JUSTICE. A person charged in any State with treason, felony or other crime, who shall flee from justice and be found in another State, shall, on demand of the executive authority of the State from which he fled, be Fugitives from delivered up, to be removed to the State having jurisdiction of the justice to be delivered up. crime. Act congress approved Feb. ruary 12, 1793, sec. 1. Arrest and delivery of fugi. tives from justice. Fugitives from justice from any part of the United States to be arrested. Governor au Be it enacted, etc., That whenever the executive authority of any State in the union, or of either of the territories northwest or south of the river Ohio, shall demand any person as a fugitive from justice, of the executive anthority of any such State or territory to which such person shall have fled, and shall moreover produce the copy of any indictment found, or an affidavit made before a magistrate of any State or territory as aforesaid, charging the person so demanded with having committed treason, felony or other crime, certified as authentic by the governor or chief magistrate of the State or territory from whence the person so charged fled, it shall be the duty of the executive authority of the State or territory to which such person shall have fled, to cause him or her to be arrested and secured, and notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear. But if no such agent shall appear within six months from the time of the arrest, the prisoner may be discharged. And all costs or expenses incurred in the apprehending, securing and transmitting such fugitive to the State or territory making such demand, shall be paid by such State or territory. D. sec. 1019, 3953; Voorhies' Cr. Jur., p. 325; Act 1874, p. 156, No. 106; SEC. 1038. When any person shall be charged on oath of any creditable person, before any judge or justice of the peace of this State, with having committed any crime within any State or territory of the United States, and has fled from justice, it shall be the duty of such judge or justice to issue his warrant for the arrest of such accused, and to proceed to the examination of such case, and commit or dişcharge the accused, as such judge or justice may determine, provided no person so accused shall be detained in custody exceeding ninety days. D. 1010, 1019. SEC. 1039. The governor may in his discretion deliver over to justhorized to de- tice any person found within the State who shall be charged with having committed any crime under the constitution and laws of the United States or of any State or territory. liver up fugi. tives. D. sec. 1615. and how made. SEC. 1010. Such delivery shall only be made on the requisition of Delivery, when the duly authorized ministers or officers of the government within the jurisdiction of which the crime shall be charged to have been committed, and upon their paying all expenses attending the apprehen- whom made. sion, confinement and delivery of the party accused. D. sec. 1616. Expenses, by Governor to SEC. 1041. It shall be the duty of the governor to require such evidence of the guilt of the persons so charged as would be necessary to require evijustify his apprehension and commitment for trial had the crime dence of guilt. charged been committed within the State. D. sec. 1617. EXPENSES OF CRIMINAL PROSECUTIONS. (Act 1878, No. 92.) SEC. 1042. All expenses incurred in the different parishes of the State and in the city of New Orleans, by the arrest, confinement, Expenses of criminal prosmaintenance and prosecution of persons accused or convicted of ecutions, how crimes, their removal to prison, the pay of witnesses, jurors and all paid. expenses whatever attending criminal proceedings, shall be paid by the respective parishes in which the offence charged may have been committed, or by the city of New Orlenns, as the case may be. Such expenses shall be paid by the parish treasurer, or by the city treasurer, as the case may be, after an account thereof shall be duly certified to be correct by the clerk of the court and the presiding judge thereof. D. sec. 765, 2776; Act 1859, p. 21; 33 A. 1170; 30 A. 516; Act 1877, Ex. S., SEC. 1043. The fees, salaries and expenses to be paid by the local etc., how regu lated. Forfeited D. sec. 2777; Act 1855, p. 9; Act 1877, p. 110, No. 73. SEC. 1044. The several district attorneys throughout the State shall be entitled to demand and receive one-fifth of all sums, first de- bonds, recogniducting the percentage allowed by law to the sheriff for and paying fines. over the same, which may be collected on forfeited bonds, recogni- Fees of district zances and zances, and fines imposed in criminal prosecutions and misdemeanors attorneys for collecting. by any court of justice. D. sec. 1169, 1518; Act 1855, p. 162. feitures to be SEC. 1045. All bonds and recognizances, and all fines and forfeitures incurred for crimes and offences against the laws of this State, which Fines and forby the laws heretofore in force are required to be paid into the State paid to the parishes. treasury, shall, from and after the passage of this act, belong to and be paid into the treasury of the parish where such forfeited bonds and recognizances have been executed, and in which such crimes or offences have been committed, or such fines and forfeitures have been incurred; and in the parish and city of New Orleans such forfeited bonds and recognizances, and fines and forfeitures, shall belong to and be paid into the treasury of said city. This section shall not be so construed as to affect in any manner the process for collecting forfeited bonds and recognizances, and fines and forfeitures. D. sec. 1518; Act 1859, p. 23. SEC. 1016. Whenever a complaint shall be made before a justice of of the peace, or the recorder of either district of the city of New OrPersons bound leans, the object of which will be to have the person complained of bound to keep the peace, the costs incurred shall be paid by the person bound; but when it shall appear to the magistrate that the complaint is founded on frivolous or malicious motives, the costs shall be paid by the party complaining. to keep the peace to pay costs. Variance between indictment and evidence, how corrected. D. sec. 776; Act 1855, p. 151. MODE OF PROCEDURE. SEC. 1047. Whenever, on or before the trial of any indictment for any crime or misdemeanor, there shall appear to be any variance between the statement in the indictment and the evidence offered in proof thereof, in the name of any parish, city or place mentioned or described in such indictment; or in the name or description of any person, body politic or corporate, therein stated or alleged to be the owner of any property, real or personal, which shall form the subject of any offence charged therein; or in the name or description of any person, body politic or corporate, therein stated or alleged to be injured or damaged, or intended to be injured or damaged by the commission of such offence; or in the Christian name or surname, or both Christian name and surname, or other description whatsoever, of any person whomsoever therein named or described; or in the name or description of any matter or thing whatsoever therein named or described; or in the ownership of any property named or described therein; it shall be lawful for the court before which the trial shall be had, if it shall consider such variance not material to the merits of the case, and that the defendant cannot be prejudiced thereby in his defence, to order such indictment to be amended according to the proof, both in that part of the indictment where such variance occurs and in Trial to be had every other part of the indictment which it may become necessary to or another jury. amend ; the trial to be had before the same or another jury, as the may determine. Court shall think reasonable; and after any such amendment the trial before the same as the court not necessary. shall proceed, whenever the same shall be proceeded with in the same manner in all respects as if no such variance had occurred or amendments been made; provided, that in all such cases where the trial Provided. shall be so postponed, the witnesses shall be bound to attend to proIn case of postsecute and give evidence respectively, and the defendant shall be ponement of trial, new bonds bound to attend to be tried, at the time and place to which such trial for appearance shall be postponed, without entering into any fresh recognizances for that purpose, in the same manner as if they were originally bound by their recognizances to appear and prosecute or give evidence at the time and place to which such trial shall have been so postponed. State vs. Morgan, 35 A. 293, 619; Voorhies' Cr. Jur., p. 366; 35 A. 842, 841. SEC. 1048. In any indictment for murder or manslaughter it shall not be necessary to set forth the manner in which or the means by which ment for murthe death of the deceased was caused. It shall be sufficient in every indictment for murder to charge that the defendant did feloniously, wilfully and of his malice aforethought, kill and murder the deceased; and it shall be sufficient in every indictment for manslaughter to Indictment for manslaughter. charge that the defendant did feloniously kill and slay the deceased. 2 A. R. 605; 7 A. R. 255; 10 A. R. 195, 456; 14 A. R. 570; 30 A. 114; 34 A. 148, 1088. Form of indict der. In indictment for forging, uttering, etc., any instrument, what description of instru SEC. 1049. In ary indictment for forging, uttering, stealing, embezzling, destroying or concealing, or for obtaining by false pretenses any instrument, it shall be sufficient to describe such instrument by any name or designation by which the same may be usually known, or by the purport thereof, without setting out any copy or fac simile ient. thereof, or otherwise describing the same or the value thereof. 28 A. 43; 35 A. 823, 844. ment is suffic SEC. 1050. In any indictment for engraving or making the whole or any part of any instrument, matter or thing whatsoever; or for using or having the unlawful possession of any plate or other material upon which the whole or any part of any instument, matter or thing whatsoever, shall have been engraved or made; or for having the unlawful possession of any paper upon which the whole or any part of any instrument, matter or thing whatsoever, shall have been What descripmade or printed, it shall be sufficient to describe such instrument, in indictment for engraving matter or thing by any name or designation by which the same may any instrument, be usually known, without setting out any copy or fac simile of the whole or any part of such instrument, matter or thing. Voorhies' Cr. Jur., p. 396. SEC. 1051. In all other cases, whenever it shall be necessary to make any averments in an indictment as to any instrument, whether tion sufficient etc. the same consists wholly or in part of writing, print or figures, it shall What designabe sufficient to describe such instrument by any name or designation in indictment tion sufficient |