Bail. Fines. CONSTITUTIONAL PROVISION. ART. 8. Excessive bail shall not be required; excessive fines shall not be imposed; nor cruel or unusual punishments inflicted. 1855-151. Judgments on and recognizances, how rendered. 1. [SEC. 1509.] It shall be the duty of the Attorney General and the several District Attorneys, in their respective districts, on forfeited bonds the second, or any other day thereafter, of each regular jury term of the District Court, leave of the court being first had and obtained, which leave shall always be presumed, to call any or all persons who may have entered into any bond, recognizance or obligation whatsoever, for their appearance or attendance at court, and also to call on the securities to produce instanter, in 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. How set aside. 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 judi cial days after notice of the judgment to the parties, be set aside upon the appearance, trial, and acquittal, or 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. accused not to 2. [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, and exonerate 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. security. onerate himself Any surety may be relived from responsibility by making a formal Surety may exsurrender of the defendant or party accused to the Sheriff or his by the surDeputy, in open court, or within the four walls of the prison of the cused. parish, and not otherwise. render of ac execution as in 3. [SEC. 1511.] It shall be the duty of the Clerks of the several District Courts to issue notice of such judgment to the parties con- Judgment and cerned, as in ordinary civil cases, and on the service and return civil cases. 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. mission on recognizance 4. [SEC. 1512.] The Sheriffs throughout the State shall retain Sheriff's comten per cent. on the amount of money made on any such execution, bonds for collecin lieu of all other fees thereon. tion. to work corrup tion of blood. 5. [SEC. 1513.] No conviction for any crime or offense shall Conviction not work corruption of blood, or subject the offender to any other forfeiture or penalty than such as is declared and specified by law. 6. [SEC. 1514.] Every judgment of conviction shall subject the person convicted to the payment of all costs of the prosecution, whether so 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. 7. [SEC. 1515.] Every person being adjudged to pay a fine, shall, in default of payment or recovery thereof, be sentenced to be imprisoned for a period not exceeding one year. The person con victed liable for costs. Persons sen tenced to pay a prisoned in de fine, to be im fault of payment. Persons impris oned for the non-ayment of 8. [SEC. 1516.] Whenever a person is sentenced to imprisonment for a given time, and to pay a fine and costs, and to stand committed until they are paid, and he has not the means to make a fine and costs the payment, he may after having served the time for which he was insolvent laws. entitled to the benefit of the Discretion of sentenced, be enabled to take the benefit of the insolvent laws for the fine and costs, or either of them. [SEC. 1517.] Whenever the punishment of fine and imprisonment is left by law at the discretion of any court, the fine shall not imprisonment exceed one thousand dollars, nor the imprisonment two years. two years. 1859-23. Forfeited bonds and fines, how disposed of. 1855--151. Forfeited bonds, recognizances and fines. 10. [SEC. 1518.] All forfeited bonds and recognizances, and all fines and forfeitures incurred for crimes and offenses against the 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. 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. 11. [SEC. 1519.] The several District Attorneys throughout the State shall be entitled to demand and receive one-fifth of all sums, first deducting the percentage allowed by law to the Sheriff for paying over the same, which may be collected on forfeited bonds, recogFees of District nizances, and fines imposed in criminal prosecutions and misdemeanors, by any court of justice. Attorney for collecting. 1868-171. Remission of 12. [SEC. 1520.] Whenever any court or officer exercising judicial functions in any parish or municipal corporation in this fines prohibited. 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 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, judgment or order whereby such fine or imprisonment shall have been adjudged. 13. [SEC. 1521.] Whenever it shall or may be alleged that any Abatement by fine or imprisonment so imposed is excessive, or that, for any reason, Common Coun- the same ought to be abated or remitted in whole or in part, it shall Police Jury or cil. be done in the case it be a fine or imprisonment 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. posed and collected. 14. [SEC. 1508.] When a fine shall be imposed by any court of justice for the non-attendance of any witness or juror, or for any 1855-50. other cause, it shall be the duty of the Clerk to issue, within two Fines, how imjudicial days, a writ of fieri facias, at the suit of the State, against the person on whom the fine shall have been imposed; fines shall not be imposed without a rule on the party to show cause, unless the circumstances of the case should, in the discretion of the court, require no delay. Fines not to be imposed withshow cause. out a rule to Forfeited recog how to obtain 15. [SEC. 1185.] The District Attorney pro tempore, of any parish shall be authorized to take all legal proceedings to procure the 1868-156. forfeiture of any recognizance bond for the appearance of any party nizance bonds, accused in the Parish Court, or any such bond transferred in any judgment. criminal case from the District Court to the Parish Court for trial, as is provided for in this act; provided, the principal of said bond does not exceed five hundred dollars, if so, [in] the case in which any bond exceeding in principal five hundred dollars, was pending, or had been tried in the Parish Court, and the accused had forfeited his bond by his failure to comply with its terms, the bond, with a copy of the orders of the Parish Court showing the forfeiture of the bond, must be certified and transferred to the District Court, which bond and the orders of the Parish Court shall be legal evidence to be proceeded on in the District Court to obtain judgment or forfeiture on such bond, and the same shall be proceeded on in the District Court according to law. FRENCH LANGUAGE. 1855-333. Certain acts which may be 1. [SEC. 1522.] Any act containing the obligations of giving or performing any thing or paying any sum of money, any contract of any nature or kind whatsoever, which may be made or executed in executed in the the French language, shall be as legal and binding upon the parties, guage, are as as if the same had been made or executed in the English language. English. French lan valid as if executed in the 1870-38. Penalty for bling house. 1. [SEC. 2.] Whoever shall keep a banking game, or banking house, at which money, or anything representing money, or any keeping a gam- article of value shall be bet or hazarded, or shall aid or assist in keeping one, shall, on conviction, for the first offense, be fined not less than one thousand, nor more than five thousand dollars, and on conviction of a second offense, not less than five thousand, nor more than ten thousand dollars, and be imprisoned at hard labor not less than one nor more than five years. plied. 2. [SEC. 3.] The fines imposed by the preceding section of this Fines, how ap- act, shall, when collected, be paid for the use of the parish in which the offense is committed, except in the parish of Orleans, in which parish, and in the city of New Orleans, all fines imposed and collected under this act shall be paid to the Charity Hospital. ers. 3. [SEC. 4.] It shall be the duty of the Superintendents, and Arrest of offend- other officers of Police, or any public officer, to arrest and take into custody any person keeping any banking game, or aiding or assisting in keeping the same, together with all the tables, money, or representatives of money, implements, and other paraphernalia which may be used in keeping such banking houses, or in playing such banking game, and take, or cause them to be taken, before any committing Magistrate, who shall commit such persons for trial, if, upon a hearing, there be sufficient cause therefor. It shall be the duty of the officers committing such offenders, to take an inventory of all money, or its representative, tables or other implements or paraphernalia that may be seized and brought before him, all of which shall, on conviction, be forfeited for the use of the parish in which the offense is committed. Inventory of property seized. Punishment of police officers for neglect, etc. 4. [SEC. 5.] Any Superintendent of Police, or other officer of the Metropolitan Police, in the Metropolitan Police District, or any Police officer in any parish of the State, who shall knowingly permit the infraction of this law, or who knowingly allows a gambling house to be opened, or a banking game to be played, in violation hereof, |