Art. 118. In all cases of a conviction for a criminal taking or detention of personal property, which is taken with the offender or in his possession, or where without such conviction the property is found on a search warrant, or is detained in the hands of an officer of justice on suspicion of being stolen; on satisfactory proof of ownership, it shall be restored to the owner.

Art. 119. No property coming to the possession of a magistrate, court or officer of justice, by any of the means described in the last preceding article, shall be restored to any one claiming as owner until after notice published for fifteen days, describing the property and designating the person from whom it was taken, or the place where it was found, and requiring all persons having any claims, to make them known.

Art. 120. If no more than one claimant appear, the property shall, without prejudice to any other civil claim, be delivered to him on his making oath to the ownership. If more than one claimant appear, the property shall remain sequestered in the hands of the sheriff, until by a civil suit the rights of the parties be determined.

Art. 121. If no claimant appear, the property shall be sold at auction, and the proceeds paid to the treasurer of the state, and if no claim be made on him by any person claiming as owner within one year, it shall be carried to account of the Recompense Fund, hereinafter designated.

Art. 122. If an indictment or information be presented against any one for a violent dispossession of real property, contrary to the provisions of the Code of Crimes and Punishments, it shall be tried in preference to any other, except those for offences punishable with imprisonment for life; and an information may be filed when the court is not in session by permission of the judge, who shall thereupon hold a special court for the trial of such offence.

Art. 123. If the defendant be convicted, the person aggrieved shall be restored to, and maintained by the court in, possession of the property against the person convicted, until the right shall be determined by a civil suit, if any be brought.

TITLE III.

OF THE MANNER OF CALLING FOR AND EMPLOYING THE MILITARY FORCE OF THE STATE IN AID OF THE CIVIL POWER.

Art. 124. Neither the militia nor any other military force shall be employed in the aid of the civil power, or brought to act in a military capacity against any persons in the state, unless it be called for in the manner directed by this title; and when so called for shall be subject to the regulations hereinafter prescribed.

CHAPTER I.

Of the manner and cases in which the military force may be required.

Art. 125. When any three magistrates, of whom a judge must always be one, shall be convinced by the affidavits of two inhabitants of the state, that a RIOT or INSURRECTION has taken place in the parish in which the persons making the affidavit reside, and that the persons engaged therein cannot be arrested or dispersed by the ordinary force of civil authority, they shall make a written application to the governor, requesting military aid.

Art. 126. If the governor be at such a distance from the place at which the riot or insurrection exists, as is two great to enable him to give the necessary orders in time for its suppression, a copy of the application shall be also sent to the nearest field officer of ordinary militia or of any independent corps, containing the same request.

Art. 127. The application must be signed by the magistrates, must state the substance of the testimony offered to them, and the place and probable object of the riot or insurrection, and it must designate the number of men required for the purpose of suppressing it.

Art. 128. Immediately after receiving such application, the governor or officer to whom it is directed, shall order the number of men specified therein, to march with arms and ammunition under the command of the requisite officer, and place themselves under the direction of the magistrates signing the application.

Art. 129. The governor or the officer to whom the application is made, may, notwithstanding the designation of the number of men in the application, order as many more as he may deem necessary, to be embodied and hold themselves in readiness, if those sent for the purpose should prove insufficient to overcome the resistance that may be offered; and if the resistance should be continued, the men so kept in readiness may be employed without further requisition from the magistrate.

CHAPTER II.

Of the manner in which the military force is to be employed.

Art. 130. The officer commanding the troops detailed in compliance with the application of the magistrates, shall immediately repair to the place designated, and post the troops in such a manner as to intervene between the persons or the property that it may be the intention of the rioters or insurgents to attack. He shall then act entirely on the defensive, not suffering the men to fire, and permitting them to use their

edged or pointed weapons only to repel actual violence, except in one of the following cases.

1. If an attack be made on any one of the militia by which his life is in danger, or if an attempt be made to disarm him, which he cannot otherwise avoid, he may defend himself by discharging his fire-arms.

2. If a general attack be made by the insurgents or rioters upon the militia with fire-arms, or by missile or other weapons, by which the lives of the men are indiscriminately put in danger, the officer may order the men to fire, but not until an endeavour has been made to disperse the rioters by means less dangerous to persons who may not be engaged in the offence.

3. If the troops cannot be so placed as to intervene between the rioters and the persons or property which they apparently intend to attack, and the illegal purpose of the riot is persevered in, by means evidently dangerous to the lives of others, although no attack be made on the troops themselves, the magistrates, or any two of them, may direct the officer to disperse the rioters, which he is authorised to do, by ordering the men first to use the bayonet or sword, and if they prove ineffectual to disperse the assembly, but not otherwise, then to discharge their fire-arms against them.

4. The troops shall not be brought up to the place until the white flag has been displayed by a magistrate, and warning given to disperse, in the manner directed by the article of the Code of Crimes and Punishments, and unless in defence against an attack dangerous to life, no order shall be given or obeyed to make any discharge of fire-arms, or other use of any other arms than for defence, until half an hour shall have elapsed after the displaying of the white flag and the giving the warning to disperse.

5. Every endeavour must be used both by the magistrates and officer commanding the troops that can be made consistently with the preservation of life, to induce or force the rioters or insurgents to disperse before any attack is made upon them by which their lives may be endangered.

BOOK II.

OF THE MODE OF PROSECUTING OFFENCES.

TITLE I.

OF ARREST AND BAIL.

CHAPTER I.

Definitions and general principles, relative to the subject of this title.

Art. 131. A complaint is the allegation made to a proper officer, that some person, whether known or unknown, has been guilty of a designated offence.

Art. 132. No complaint can have a legal effect, unless it be supported by such evidence as shall show that an act which constitutes an offence has been committed, and renders it certain or probable, that it was committed by some person named or described in the complaint. It is then called an ACCUSATION.

Art. 133. The evidence mentioned in the last preceding article may be taken without the knowledge of the party accused, or the effect of the law might be evaded by his escape. But he cannot be condemned on such evidence; he must have an opportunity of explaining or contradicting it before the judges who are finally to decide on his innocence or guilt. This investigation is called the TRIAL. It necessarily requires some delay, but public justice requires that during this interval, the person of the accused should be secured, in order that he may undergo the penalty of the law, if he be found guilty. This is affected by an ARREST.

Art. 134. As it would be oppressive in most cases to deprive the accused of his liberty before trial and conviction, if he can give a sufficient pledge for his appearance at the trial, the law restores him to his liberty on his giving such pledge. This pledge is called BAIL.

Art. 135. There are cases in which the accused is bailable of right, others in which it is discretionary with the judge to admit to bail, and some in which no bail can be taken. The rules relative to these several

distinctions are laid down in a subsequent chapter of this title, and in the chapter of the preceding book relative to writs of habeas corpus.

CHAPTER II.

Of the mode of making a complaint and accusation, and of ordering

an arrest.

SECTION I.

Of complaints and accusations, and who may receive them.

Art. 136. Any judge of any court, any mayor or justice of the peace, of the state, is authorized to receive complaints and accusations for offences; to issue warrants, order arrests, make commitments, and take bail in the manner directed by this code. They are designated under the general term, MAGISTRATE.

Art. 137. Any person, even those incapable of giving testimony, may make complaint to a magistrate.

Art. 138. When a complaint shall be made to a magistrate, he shall reduce the declaration of the complainant to writing, and if he be a person capable of giving testimony, shall administer an oath, that the said declaration contains the truth, and shall cause it to be signed in his presence, and shall then proceed to take such other testimony as shall be offered him to prove the offence, or designate the offender, causing each declaration to be SIGNED by the declarant, and attested on oath.

Art. 139. If it appear probable to the magistrate than any other persons have knowledge of any material fact or circumstance relative to the complaint, it is his duty to summon and examine them on oath, touching the matter of the complaint.

SECTION II.

Of warrants of arrest, and citation.

Art. 140. When a magistrate from the complaint or accuation, or other evidence taken before him, is convinced that an offence has been committed, and has reason to believe, that any person who can be sufficiently designated by name or description, has committed such offence, it shall be his duty to issue a WARRANT OF ARREST, or CITATION, according to the discretion hereinafter vested in him.

Art. 141. When an offence is committed in the presence of a magistrate, he may issue a warrant of arrest, although no complaint or accusation be brought before him; but in such case the warrant must be returnable before some other magistrate, and the magistrate signing the same, must reduce his own testimony to writing, and prior to any