state, or adhering to them by giving them aid or comfort in any manner whatsoever.

ART. DXXX.39 Every court of criminal jurisdiction may compel the personal attendance of any witnesses, for and against the prosecution, on the trial of any crime or misdemeanor, whenever the said witnesses reside, or may be found, in the district where the said court sits, and not otherwise."

ART. DXXXI.40 Every witness who shall be legally summoned to appear at any district court, shall appear accordingly, and continue to attend from term to term until the cause in which he shall be summoned shall be decided, or until discharged by the court, or by the party at whose instance the witness was summoned, under the penalties already prescribed by law."1

41

ART. DXXXII.42 Witnesses shall receive one dollar for each twenty miles they shall have to travel in going and returning from the court where they shall be summoned; and each day he shall be detained on the trial of any cause, the

3811, act 6 March, 1819, 1 D. 399.

39 See article 6, § 18, of the constitution of the state, art. DXII. 40 Part of § 21, act 26 March, 1813, 1 D. 302.

43

41 This section reads in the original, "summoned to appear at any district or parish court. The parish court having no criminal jurisdiction, see § 12, act of 31 March, 1807, 1 D. 337, so much as relates to that court is omitted.

A proviso, which forms a part of the section of the act of 1813 in the text, 1 D. 302, declares, "that in case the suit [le procès, french text] depending shall, in the vacations, be settled by the parties, and the party at whose instance any witness was summoned, shall neglect or omit to discharge him or her from further attendance, and he or she, for want of such discharge, shall attend at the next term, in such case the witness, upon oath made of the facts before the clerk of the court, shall be entitled to a certificate from the clerk, stating the amount legally due to the witness for such extra attendance, allowing the same as in other cases of witnesses' attendance, which sum such witness shall recover from the party at whose instance he or she was summoned." 42 § 11, act 28 March, 1813, 1 D. 468.

43 The law in force at the time of McFall's case, 2 Mar. 171, provided, that

sum of one dollar provided however, that every witness over two, summoned to prove any one fact, shall be paid by the person at whose instance they may have been summoned.

ART. DXXXIII." When any person shall be charged before any tribunal with any criminal offence, breach of the peace, or any other crime in which the state shall be a party, all the estate, both real and personal, that the said person shall be possessed of at the time the crime of which he stands. charged shall have been committed, shall be bound for the payment of all costs that shall have occurred in any of the aforesaid cases.45

ART. DXXXIV.46 No person or persons shall be subject to the payment of costs, whenever acquitted by the court or jury.

47

witnesses should be allowed compensation "for each day they shall be detained on the trial of any cause,"--the french text allowing for every day, “qu'ils seront détenus près du tribunal." In that case the court decided, that where a witness living in another state, was recognized as he was returning home, and compelled to wait till the meeting of the court, the time being too short to allow him to go and return, he should be paid for the whole time he was compelled to wait, observing, that his case came within the very letter of the french part of the act, "detenus près du tribunal." The act in the text was passed subsequently to this decision, which was made at the spring term, 1812; the english text of the present law, is the same with that under which McFall's case was decided; but the french is changed to, "pour chaque jour qu'ils seront retenus pour le jugement de la cause."

44 § 3, act 20 February, 1817, 1 D. 406.

45 This act virtually repeals the first part of § 39, of the act of 4 May, 1805, 1 D. 371, the last part of which was done away with, by § 7, of the act of 22 February, 1817, 1 D. 385.

46 Part of act 1 March, 1820, 1 D. 407.

47 This act repealed § 2, of the act of 20 February, 1817, 1 D. 406, which gave the district judge power to decree that a defendant in a criminal prosecution, though acquitted, should pay the costs. See § 5, of the act of 9 March, 1827, 1 D. 359, b. 2, c. 2, n. 319, for exception, in cases of breach of the peace, in the parish of Orleans.

DXXXV. Law to be cited and reasons adduced by judges, in every definitive judgment. DXXXVI. Judgments and sentences to be pronounced in open court, and entered on minutes. DXXXVII. Where fine and imprisonment at discretion of court, how limited. DXXXVIII. Where fine not paid, offender to be imprisoned. DXXXIX. Where sentenced to imprisonment, and to fine and costs, and to stand committed till paid, how offender may take the benefit of insolvent law for such fine and costs. DXL. Persons convicted of any high crime or misdemeanor, excluded from all offices of trust or profit, and from right of suffrage. DXLI. When convicted of any crime, not to be allowed to practice as counsellor or attorney. DXLII-III. Criminals sentenced to infamous punishment, incapable of marriage till punished or pardoned. DXLIV. No conviction or judgment to work corruption of blood, or subject offender to any forfeiture or penalty not specified by law.

ART. DXXXV.1 The judges of all courts within this state shall, as often as it may be possible so to do, in every definitive judgment, refer to the particular law in virtue of which such judgment may have been rendered, and in all cases adduce the reasons on which their judgment is founded.

Art. 4, section 12, constitution of Louisiana.

2

ART. DXXXVI. All judgments and sentences to be rendered in criminal cases in the said courts, shall be pronounced in open court, and shall be entered on the minutes of the court by the clerk.

3

ART. DXXXVII. Whenever the punishment of fine and imprisonment [is] left by law at the discretion of any court, the fine shall not exceed one thousand dollars, nor the imprisonment two years.*

ART. DXXXVIII. Every person being adjudged to pay any fine, shall, in default of payment or recovery thereof, be adjudged to be imprisoned for a period not exceeding one year.

6

ART. DXXXIX. 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 the said person has not the means to make the payment, such person may, after the expiration of the time for which he was sentenced to imprisonment, and after having served said time, be enabled to take the benefit of the insolvent laws for said fine and costs, or either of them, in the same manner as common debtors in actual custody.

ART. DXL. Every individual who shall hereafter be convicted of bribery, perjury, forgery, or any other high crime or

2 § 52, act 4 May, 1805, 1 D. 374.

3 § 12, act 19 March, 1818, 1 D. 389.

4 The act of 4 May, 1805, for the punishment of crimes and misdemeanors, provides, p. 372

Section 44. In all sentences for crimes and misdemeanors, where the punishment is made by this act discretionary, such punishment shall be at the discretion of the court having cognizance of such crime or misdemeanor.

5 § 10, act 19 March, 1818, 1 D. 388.

6 Act 15 March, 1830, p. 64.

7 Act 21 January, 1825, 2 D. 259.

misdemeanor, shall for ever be excluded from all offices of trust and profit, and from the rights of suffrage in this state.

ART. DXLI. Every person who has been heretofore, or may be hereafter convicted of any crime, shall be disqualified from obtaining a license as [counsellor or attorney at law]; and if such person should have obtained a license, it shall be the duty of the judges of the ["district court] in which said person may practice, upon proof of such conviction, to withdraw the license of such person, and annul the same.

ART. DXLII." Criminals definitively sentenced to death are incapable, until pardoned, of entering into the marriage

contract.

ART. DXLIII.12

Persons sentenced to imprisonment, pillory,13 or other infamous punishment, are not able to contract matrimony, until such punishment has been inflicted, or the offender pardoned.1

8 The 4th section of the 6th article of the constitution of this state, provides, that "laws shall be made to exclude from office and from suffrage those who shall thereafter be convicted of bribery, perjury, forgery, or other high crimes or misdemeanors." The 21st section of the act of 20 February, 1817, 2 D. 430, art. LXXX., provides, that any insolvent debtor who shall be found guilty of fraud, shall be forever incapable of" holding any office of trust or profit under the government of the state."

9 § 3, act 31 March, 1808, 1 D. 29.

10 This section conferred the power of withdrawing such licenses upon the judges of the superior court of the territory of Orleans. The act of 10 February, 1813, § 16, 1 D. 295, provides that the district courts established by it, "shall have the same powers which were granted to the said superior court." See art. CCCXLVIII.

11 § 11, act 6 April, 1807, 2 D. 5.

12 § 12, ibid.

13 The punishment by confinement in the pillory was abolished as to white persons, by the act of 1 March, 1827, 1 D. 404, art. DXLVII.

14 This section, as originally passed, read, "sentenced to whipping, imprison: ment," &c. The punishment of whipping was abolished as to free persons, in all cases, by § 7, of the act of 17 February, 1821, 1 D. 337, art. DXLVIII.