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work-house

the name and by the board of metropolitan police, before any recorder or justice of the peace as aforesaid.

D. Sec. 965, 2304.

Sec. 3890. The city council of New Orleans is hereby Persons com- authorized and empowered to compel all vagrants and suspiwitted to the to cious persons who may hereafter be committed to the workbe employed house of said city, under existing laws, to do any public work works. within the corporate limits of said city, that said city council may order, and under such regulations as they may ordain, and for a time not to exceed the term of their commitments.

on public

Act 1867, p. 205.

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nue on the part

Sec. 3891. Upon the application of the attorney general or any district attorney or district attorney pro tempore of this State, Change of vethe judge shall, in any criminal prosecution, change the venue in of the State. behalf of the State, and the judge of any court exercising criminal jurisdiction of this State, shall, of his own accord, have full power to change the venue in any criminal prosecution, when, in his judgment, a competent jury of the parish can not be had, and in either case the venue shall be changed to any parish in that or any adjoining district where, in the opinion of the judge, a competent jury is likely to be obtained.

D. Sec. 1021, 1172, 1964. Act 1868, p. 182.

Sec. 3892. When any person indicted in any of the district courts of this State, for any offense punishable by death or Change of veimprisonment at hard labor, shall desire to change the venue, he nue by defendshall apply therefor to the district judge presiding. The application shall be accompanied with an affidavit that he has good reason to

ant.

Application

believe that by reason of prejudice existing in the public mind, or for some other sufficient cause, to be described by each party, he can not obtain an impartial trial in the parish wherein the for change of indictment is pending; that the application was made as soon as could be after the discovery of such prejudice or other cause, and is not for delay, but to obtain an impartial trial.

venue.

Application

can be court or in

chambers.

D. Sec. 1022. Act 1855, p. 151.

Sec. 3893. Such application may be made orally in open memade in court, or by petition in chambers, and shall be accompanied with proof, under oath, of the party or his attorney, that reasonable notice has been given to the district attorney of such application. Thereupon the judge shall hear the party making the application, as well as the attorney representing the State; and if, on such hearing and examination of the evidence adduced, he shall be of opinion that the party applying can not have a fair and impartial trial in the parish where the indictment is pending, the judge shall award a change of venue to the adjoining parish of the same judicial district, or of an adjoining district, and if possible, to that in which a district court shall next be held.

D. Sec. 1023.

Sec. 3894. Whenever a change of venue shall have been Duty of clerk awarded in a criminal case, it shall be the duty of the clerk of the has been made. Court in which the case is pending, to make out a descriptive list

when change

of the indictment, pleas, and all other documents relating to such cause, and a copy of all orders which may have been entered on. the minutes of the court, and to deliver the same, together with the original indictment and other papers appertaining to the cause, to the sheriff of his parish, whose duty it shall be immediately to deliver or forward the same to the clerk of the parish to which Duty of sheriff. the cause shall have been removed; and for his services in so doing, the sheriff shall receive a compensation from the treasury of his parish, to be fixed and ordered by the district judge.

Cause not to be removed a

D. Sec. 1024, 8568.

Sec. 3895. After a cause shall have been removed as above second time. provided for, it shall not be a second time removed under any pretense whatsoever.

of court to

D. Sec. 1025.

Sec. 3896. The clerk of the court to which any criminal cause Duty of clerk shall be thus removed, shall, on the receipt of the indictment and which the case other papers, enter the cause upon the criminal docket of his court; is transferred. and it shall be heard, tried and determined by preference, in the same manner as if the proceeding had originally been instituted therein.

D. Sec. 1026.

Sec. 3897. In all criminal cases where a change of venue shall Sentence to be be ordered, the sentence and judgment of the court shall be exeexecuted, by cuted by the sheriff of the parish to which such cause may have

been removed.

D. Sec. 1027.

Sec. 3898. No change of venue in a criminal case shall be No change of awarded until the party accused shall be arraigned and shall have arraignment. pleaded not guilty.

D. Sec. 1028.

venue before

when change

Sec. 3899. When a change of venue shall be awarded on the application of a party in actual custody, it shall be the duty of Prisoner to be the sheriff immediately to convey the party to the parish to which transferred the cause shall have been removed, and to deliver him to the of venue is sheriff of said parish, whose duty it shall be to hold him in safe custody until otherwise ordered by the court.

D. Sec. 1029.

awarded.

bail and sure

where the

Sec. 3900. When a party obtaining a change of venue shall be at large upon bail, or in the custody of his securities, it shall Prisoner on be his duty to be and appear at the district court of the parish to ties to appear which the cause shall have been removed, and to attend at such cause has been court from day to day and from term to term; and all bonds and transferred to. recognizances entered into by the party accused and his securities, shall be and remain valid and binding against the party and his securities, notwithstanding the change of venue; and in case of the non-appearance of the party accused at the court to which the cause shall have been rendered, judgment shall be entered up in that court against the party and his securities in the same manner as if the case had remained in the parish from which it had been removed.

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D. Sec. 1030.

CHANGE OF VENUE IN CIVIL CASES.

actions.

Sec. 3901. In all civil actions pending in any court of this State, the judge thereof shall have power to change the venue, Change of upon motion made in open court, upon cause shown, as hereinafter vetive in civil provided, and to remove the action from one parish to another in the district wherein they are pending, or to a parish in an adjoining district.

Act 1855, p. 303.

Sec. 3902. The judge shall have power in vacation to grant an

grant

order for a change of venue; provided it be by consent of parties, Judge may or upon application of one of the parties, ten days' written notice tiot it in vahaving been given to the adverse party of the time and place of the application.

how made.

Sec. 3903. In all cases, except those where the parties consent, the party applying shall present to the judge a petition in writing, Application, stating the substantial reasons he has to believe that from the undue influence of the adverse party, from prejudice existing in the public mind, or for some other cause specially set forth, he can not expect to obtain a fair and impartial trial in the parish where the cause is pending; he shall moreover adduce proof that the notice required by the preceding section has been given, and that the allegations contained in petition are well founded; whereupon the judge shall hear the parties, and after such hearing and exam

Affidavit.

transmitted.

ination of the evidence, if he is of opinion that the allegations are sustained by the evidence, he shall award to the party so applying a change of venue, in conformity with the foregoing provisions. Said change of venue shall always be made to a parish wherein neither of the parties reside.

Sec. 3904. The party presenting the petition shall be required, before the cause be heard, to make oath that the petition contains the truth, and has not been presented to delay the trial or to vex or harass the adverse party.

Sec. 3905. The judge awarding a change of venue shall, if in Papers, how vacation, grant an order under his official signature to the clerk of the parish where the cause is pending, to transmit the papers belonging to and filed in the cause, to the clerk of the parish to which the venue has been removed, which order shall be returned with the petition and filed in the suit.

Sec. 3906. The clerk of the parish from which the suit has Duty of clerk. been removed shall make a list of all the papers on file in the suit, and a duly certified transcript of all orders made or steps taken during the pendency of the cause, and deliver the same, together with the papers of the suit, to the party to whom a change of venue has been awarded, or to his attorney in fact or of record, taking his receipt therefor, which receipt shall be a true copy of the list or inventory.

Sheriff to transmit the

In case there should be sufficient reasons suggested to the judge why the papers should not be intrusted to the said party, then the clerk shall hand them to the sheriff of his parish, who shall give receipt therefor in the form above prescribed, and whose duty it shall be to carry the papers, or to employ some trusty person to carry them to the clerk of the parish where they may be directed. The papers, in either case, shall be carefully folded, enveloped and sealed, and the party obtaining a change of venue shall pay, papers in cer- in advance, to the sheriff twenty-five cents for every mile he shall have to travel from the place where the suit is pending to that to which it is so ordered to be removed; and the said party shall pay to the clerk of the parish where the suit is pending all costs which may have accrued therein before the papers shall be transbe first paid. mitted, otherwise the case shall be proceeded with in the parish where it originated in the same manner as if no such application had been made.

tain cases.

Sheriff's and

clerk's fees to

who receives

the papers.

Sec. 3907. The clerk to whom the papers shall be transmitted, Duty of clerk upon their receipt, shall open the seal of the package and compare the papers with the inventory, and upon finding the same correct, he shall give a receipt to the person delivering the same, which shall be a true copy of the inventory. He shall then enter the cause in his docket, and act in the same manner as he would have done had the case been originally filed in his parish.

Appeal, how granted.

Sec. 3908. It shall be the duty of the judge trying the cause to grant an appeal the same as in other cases.

Sec. 3909. After the rendition of judgment in any of the causes, and the same has become final, either through lapse of

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