open court, the person of such defendant or party accused; and upon failure to comply therewith, on motion of the attorney representing the State, the court shall forthwith enter up judgment against principal and securities in solido for the full amount of the bond, recognizance or obligation.

The judgment so rendered may at any time during the same term of the court for all the parishes of the State, except the parish of Orleans, and for the parish of Orleans at any time within ten judicial days after notice of the judgment to the parties, be set aside upon the appearance, trial and acquittal, or How set aside. upon the appearance, trial, conviction and punishment of the defendant or party accused.

Such judgment shall not be rendered in case it shall be made to appear to the satisfaction of the court, by the evidence of one or more disinterested and credible witnesses, the defendant or party accused is prevented from attending by some physical disability existing at the time.

D. Sec. 1032, 1168. Act 1855, p. 151.

exonerate se

Sec. 1510. The appearance and answer of any defendant or party accused, upon call made as provided for, shall not operate Appearance of as a discharge or release of any surety from his responsibility, accused not to and no such surety shall be discharged or released from his re- curity. sponsibility until the final trial and conviction or acquittal of such defendant or party accused.

self by the

Any surety may be relieved from responsibility by making a Surety may exformal surrender of the defendant or party accused to the sheriff onerate himor his deputy, in open court, or within the four walls of the surrender of prison of the parish, and not otherwise.

D. Sec. 1033, 3569, 3734.

accused.

execution as in

Sec. 1511. It shall be the duty of the clerks of the several district courts to issue notice of such judgment to the parties Judgment and concerned, as in ordinary civil cases, and on the service and re- civil cases. turn thereof, after the usual delay, to issue executions on all such judgments, which it is made the duty of the several sheriffs throughout the State to execute without delay.

D. Sec. 1034, 3570.

Sec. 1512. The sheriffs throughout the State shall retain ten sheriff's comper cent. on the amount of money made on any such execu- mission. tion, in lieu of all other fees thereon.

D. Sec. 763, 1035, 3561, 3573.

to work cor

ruption of

Sec. 1513. No conviction for any crime or offense shall work Conviction not corruption of blood, or subject the offender to any other forfeiture or penalty than such as is declared and specified by law.

D. Sec. 978.

blood.

Sec. 1514. Every judgment of conviction shall subject the person convicted to the payment of all costs of the prosecu- The person tion, whether so stated in the sentence or not. But in no case ble for costs.

shall any person be subject to the payment of costs in any criminal prosecution when acquitted by the court or jury.

D. Sec. 979.

convicted lia

Persons sen

tenced to pay

Sec. 1515. Every person being adjudged to pay a fine, shall, a fine to be im- in default of payment or recovery thereof, be sentenced to be Paul of pay imprisoned for a period not exceeding one year.

prisoned in deof pay

ment.

Persons im

prisoned for

ment of a fine

D. Sec. 980.

Sec. 1516. Whenever a person is sentenced to imprisonment for a given time, and to pay a fine and costs, and to stand comthe non-pay-mitted until they are paid, and he has not the means to make and costs enti- the payment, he may after having served the time for which he was sentenced, be enabled to take the benefit of the insolvent solvent laws. laws for the fine and costs, or either of them.

tled to the benefit of the in

Discretion of

D. Sec. 981.

Sec. 1517. Whenever the punishment of fine and imprisonthe court, fine ment is left by law at the discretion of any court, the fine shall $1,000, nor the not exceed one thousand dollars, nor the imprisonment two

not to exceed

imprisonment two years.

Forfeited

bonds and

posed of.

years.

D. Sec. 982.

Sec. 1518. All forfeited bonds and recognizances, and all fines and forfeitures incurred for crimes and offenses against the fines, how dis- laws of this State, which, by the laws heretofore in force, are required to be paid into the State 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 offenses 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, fines and forfeitures shall belong to and be paid into the treasury of said city.

bonds, recog

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. 1045, 1173, 1282. Act 1859, p. 23.

Sec. 1519. The several district attorneys throughout the Forfeited State shall be entitled to demand and receive one-fifth of all nizances and sums, first deducting the percentage allowed by law to the fines. sheriff for paying over the same, which may be collected on attorneys for forfeited bonds, recognizances, and fines imposed in criminal prosecutions and misdemeanors, by any court of justice.

Fees of district

collecting.

D. Sec. 1044, 1169.

Sec. 1520. Whenever any court or officer exercising judicial functions in any parish or municipal corporation in this State shall, by virtue of any law of the State, or ordinance of the police jury of a parish, or common council, or other like municipal legislature of any city or town in this State, adjudge against any person any term of imprisonment or any fine for any offense against the State, or for any violation of the ordinances of such Remission of parish, city, or other municipal corporation, it shall not be competent for such court or judicial officer to remit any portion of such fine or imprisonment, nor to alter or amend the sentence,

fines prohibit

ed.

judgment or order whereby such fine or imprisonment shall have been adjudged.

D. Sec. 1070, 1956, 2472, 2762. Act 1868, p. 171.

Sec. 1521. Whenever it shall or may be alleged that any

common coun

fine or imprisonment so imposed is excessive, or that, for any Abatement by reason, the same ought to be abated or remitted in whole or in police jury or part, it shall be done in the case it be a fine or imprisonment cil. imposed under a law of the State, in the manner which may be directed by law; and if it be a fine or imprisonment imposed by the ordinances of a police jury, the same may be so remitted or abated only when the judge of the parish shall recommend the same to the police jury, and the police jury shall consent to the same; and when the same shall have been imposed under an ordinance of any city, or other municipal corporation, then said fine or imprisonment may be so abated or remitted only upon the recommendation of the mayor or other chief magistrate thereof, and the consent of the least numerous branch of the municipal legislative body, and not otherwise.

D. Sec. 1071, 1957, 2763.

FRENCH LANGUAGE.

Certain acts

Sec. 1522. Any act containing the obligations of giving or performing any thing or paying any sum of money, any contract which may be of any nature or kind whatsoever, which may be made or executed in the French language, shall be as legal and binding upon the parties as if the same had been made or executed in the English language.

executed in the French lan

guage.

C. C. 2234 (2231). Act 1855, p. 333.

a third party

answer in

terrogatories.

disproved in

Sec. 1523. Whenever a party, plaintiff in a cause, has applied for a writ of fieri facias against the defendant, and has In what cases reason to believe that a third person has property or effects in may be cited his possession, or under his control, belonging to the defendant, to or is indebted to him, he may cause such third person to be cited to answer under oath such interrogatories as may be propounded to him, touching the property and effects, or such indebtedness, in the same manner and with the same regulations as are provided in relation to garnishees, in cases of attachment. Such third person shall thereupon be bound to answer in the same manner, and shall be liable in the same manner for his neg- Interrogatolect or refusal to answer, and his answers may be disproved in ries may be the same manner as those of garnishees; in case such third per- the same manson shall confess in his answers that he has property or effects garnishees. in his possession, or under his control, belonging to the defendant, or is indebted to him in any sum of money, the court shall order him forthwith to deliver up the property or to pay such sum (if the same be due, and if not, when the same shall be due), to the sheriff; and a copy of the order, with the receipt Order of court of the sheriff indorsed thereon, shall be delivered to the third sheriff equivaperson, and shall be deemed equivalent to a receipt from the lent to receipt debtor himself; the property and effects, in the possession of a himself. third person, belonging to the defendant, or debts due by him to such defendant, shall be decreed to be levied by the sheriff as from the date of the service of interrogatories on such per

sons.

ner as those of

with receipt of

from debtor

C. P. 246; D. Sec. 536, 2572. Act 1839, p. 166, § 18. Act 1840, p. 43, § 1. Sec. 1524. In case a garnishee acknowledges himself indebted Garnishees to to the defendant, it shall be lawful for the judge to order the be held to bail said garnishee to be held to bail in the same cases as if he was cases.

in certain