permanently from office, and that during his suspension the corouer of the parish, or in the event of his absence or inability to act, or the office being vacant, the judge shall appoint some constable of the parish to act in his place, who shall have all the fees and emoluments of the office, and shall also, for the same reason, should such occur, be dismissed from office and another appointed. If the suspension from office is affirmed by the general assembly, then the vacancy shall be filled as other vacancies; the officer acting in the place of the one suspended shall continue to act until the vacancy is filled.

D. Sec. 1177, 1637, 3592.

supervisory

Complaint

may be made torney or any

by district at

Sec. 1087. It is the spirit and intention of this act that the several judges in this State shall have a general supervisory con- Judges to have trol over the officers appointed by the law to execute the writs control over issuing from and the orders of their courts. It shall, therefore, be officers. the duty of the several judges of the courts of this State, and they are hereby authorized whenever the sheriff or his deputy or deputies, or the coroner or constable authorized to execute or serve any order or writ emanating from, or in the name of any court in term time, or out of term time, shall neglect, fail or refuse to do his duty in the premises, if such neglect, failure or refusal shall occur in the presence of the judge or court, the officer shall be deemed. in contempt of the court, and the judge may, in his discretion, fine such officer in a sum not exceeding five hundred dollars for each offense, and imprison him in the common jail not exceeding thirty days, and suspend him from the execution of his office, and supply his place as is provided for in section one thousand and eighty-six of this act; he may inflict any one, or all of the above penalties. If the neglect, failure or refusal of such officer to perform his duties does not take place in the presence of the judge, but is brought to the notice of the judge, either in vacation or term time by the written accusation of the district attorney, district attorney pro tempore, or by any other person; if by any other person, sworn to by such person, the delinquent shall be notified by the service of such written notice on him at least two days, to appear before the judge at the time and place fixed by the judge in an order to be issued by him to try such alleged delinquency; and if upon such trial, which shall be summary, and without a jury, the party is found guilty of such delinquency of duty, he shall be considered in contempt of court, and be fined, imprisoned and suspended from office, or either or all, in the discretion of the judge, as is provided in this section, when the contempt occurs in his presence; if it be a deputy of any of such officers, then the deputy shall be subject to the fine and imprisonment, or either, above fixed, and shall be absolutely prohibited from acting in the capacity of deputy thereafter. In the trial or execution of the sentence of the sheriff or any of his deputies for contempt, as herein provided for, the coroner, or any constable of the parish named by the judge shall act; and if there be neither coroner nor constable at hand, the judge shall appoint some suitable person to act in executing his order, who may be dismissed

other person.

of a person to

or suspended at the discretion of the judge; and if it be the coroAppointment ner who is in contempt, the sheriff or any of his deputies or conact as sheriff. stable may act, and if it be the constable who is in contempt, the sheriff or any of his deputies, or the coroner may act; and in all cases, if there be no officer at hand to act, the court shall appoint some proper person to do so.

Sheriff and his

in damages to

D. Sec. 1953, 3593.

Sec. 1088. A neglect, failure or refusal of any sheriff or his sureties liable deputies, or the coroner, or constable, to serve any citation, levy parties for any attachment, provisional seizure, sequestration, injunction, exeserve process. cution, arrest, or other legal process in either a civil or criminal

failure to

Provided.

Neglect or re

proceeding by which any person, the State, parish, municipal corporation, or other corporation, or persons ordering the same, shall be injured, or lose their recourse on the claim sued on, or on the property which was liable to seizure under any of such writs at the time they were placed in the hands of such officer, said officer shall be responsible, as well as his securities on his official bonds, to the party so injured or damaged for the full amount owing on the claim sued on, or the writ he has failed to execute, or other damage, and proof by the party injured that the failure of the said officer to serve the citation or other writ on the proper party, or that he made illegal service thereof, so that prescription barred the claim, or the court was deprived of jurisdiction, or that when the writ of attachment, provisional seizure, sequestration, injunc tion, execution, arrest, or other legal process was placed in such officer's hands, the party or parties against whom such writs were issued, had property, rights or credits liable to seizure, and within the jurisdiction of such officer, and he failed to seize the same, shall be prima facie evidence of liability of such officer and his securities on his official bond for the amount of such writ; Provided always, that the sheriff or other officer shall have the right to require an indemnifying bond in cases now provided by law.

D. Sec. 1954, 3594.

Sec. 1089. Any clerk of the court who shall neglect, fail or refuse to issue any copy, paper, citation, writ or other process fusal of clerks. when so required to do by any party or their counsel authorized to require such service, who has made the proper deposit and complied with the requirements of law authorizing them to demand such service from the clerk, such clerk shall, on such facts being brought to the attention of the court in writing, sworn to by the party making it, which shall be served with the order made thereon by the judge, fixing the time for trial thereof, not exceed ing two days from the date of the order, and on such trial, which shall be summary and without jury, if such clerk shall be found guilty of the charge, he shall be considered in contempt of court, and be fined in a sum not exceeding one hundred dollars, or imprisoned not exceeding thirty days, or suspended from office, either one or all, and the clerk and his securities on his official bond shall be responsible to any party for any damage that may result from his failure, refusal or neglect to perform any duty required of him

Penalties.

by law. If such clerk is suspended from office, it shall be the duty of the district judge to appoint a clerk to act in his place, who shall take the oath and give the bond required of clerks, and who shall receive all the fees and emoluments of the office during the time he acts as clerk. When any judge shall suspend any clerk from office, he shall transmit to the governor the proceedings, evidence and judgment of suspension, who shall lay the same before the legislature at its next session, to the end that the legislature may ratify or reject such suspension from office. If the suspension should be ratified, then such office shall be considered vacant, and be filled as provided by law. If the legislature shall fail to ratify such suspension from office, then such officer is to be restored to his office, but shall be liable for any contempt or delinquency thereafter committed as in the first instance. A failure of the legislature to act at the first session after such suspension shall leave the suspension in force; Provided, That the legisture may act on the case at any subsequent session, and the consequence of their action shall be as above set forth.

D. Sec. 486, 1955, 3595.

Provided.

fees.

Sec. 1090. Any failure of the clerk of any court to comply with any legal formality in issuing citation, petition or other Forfeiture of process, or if the same is not a true copy, or legal in form or substance, no fee shall be charged by the clerk for issuing such copy or process; and he shall moreover be responsible to the sheriff for any costs he may incur in executing, or attempting to execute any such process, and the parties to such suit shall not be charged with any of the clerk's or sheriff's costs above referred to, and any costs that may be incurred by any sheriff in executing or attempting to execute or serve any writ or paper, or other process which has not been executed or served in the manner pointed out by law, shall not be charged against any party in any suit, but all such costs, and the expenses incident thereto, shall be borne by such sheriff.

D. Sec. 487, 1956, 3596.

DUTIES OF CORONER IN CRIMINAL PROCEEDINGS.

writing.

Sec. 1091. The testimony of all witnesses examined on any Testimony in inquest shall be reduced to writing and subscribed by the witnesses.

D. Sec. 662, 3979. Act 1868, p. 207.

oner's jury.

Sec. 1092. The jury, upon the inspection of the body, and after hearing the testimony of witnesses and making all needful Verdict of corinquiries, shall sign and deliver to the coroner their inquisition, under their hands, in which they shall certify when and by what means deceased came to his death, and his name, if it is known, together with all material circumstances attending his death, and if it shall appear that the deceased was feloniously killed, the jurors shall further state who were charged with being guilty, either as principals or accessories, if known, or with being in any

of witnesses.

manner the cause of his death, which inquisition may be in substance as follows:

An inquisition taken at on the day of, in the year, before the coroner of the parish (or portion of the parish, in case of the parish of Orleans) of — , upon view of the body of (or of an unknown person), there lying dead. The jurors whose names are hereunto subscribed having been sworn to inquire on behalf of the State when and by what means said came to his death upon their oath do say; [then insert when, how and by what person or persons, means, weapons, or instruments he was killed.] In testimony whereof the coroner and jurors of this inquest have hereunto subscribed their names the day and year above stated.

D. Sec. 663.

Sec. 1093. If the jury find that any murder or manslaughter Recognizance has been committed on the deceased, the coroner shall bind over, by recognizance, such witnesses as he shall think proper to appear and testify at the next court to be held in the parish at which an indictment for such an offense can be found; he shall also return to the court the inquisition, written evidence, and all recognizance and examination by him taken, and may commit to the jail of the parish any witnesses who shall refuse to recognize in such manner as he shall direct.

Power to

persons.

D. Sec. 664, 3980.

Sec. 1094. If any person charged by the inquest with having arrest accused committed such offense shall not be in custody, the coroner shall arrest and conduct him before some committing magistrate in the parish in which the inquest is held, to be examined and proceeded with according to law.

D. Sec. 665,

rator to be ap

Sec. 1095. In every curatorship to an interdicted person, there An under-cushall be an under-curator, whom it shall be the duty of the judge pointed to to appoint at the same time the letters of curatorship are certified interdicted for the curator.

C. C. 406. Act 1861, p. 195.

persons whenever a curator is appointed.

Sec. 1096. It shall be the duty of the under-curator to act for the interdicted person, whenever the interest of the interdicted Duties of unperson is in opposition to the interest of the curator.

C. C. 407.

der-curator.

Can not be a member of a family meet

Sec. 1097. The under-curator can not be a member of family meetings, but must be present for the purpose of advising; and ing, but must when he is of opinion that the determination of the family meet- aid and advise.

be present to