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One constable for each justice's court.

1864-18.

Constitutional Provision.

ART. 127. There shall be a constable for the court of each justice of the peace in the several parishes of the State, the parish of Orleans excepted, who shall be elected for the term of four years by the qualified voters within the territorial limits of the jurisdiction of the several justices of the peace. The compensation, salaries or fees of constables and the amount of their bonds shall be fixed by the General Assembly.

SEC. 408. All the constables in the different parishes of the Power of all State shall have the power to seize and sell movable and immovable in the parishes property, under writs of justices of the peace, the same as the

the constables

of the State.

1855-491.

how served

when sheriffs

and coroners

are interested.

sheriffs may do.

SEC. 409. Whenever the sheriff and coroner of any parish Legal process, shall be interested in any suit or legal process, or when there shall be no sheriff and coroner in office in any parish, or the sheriff or coroner shall be disqualified by law, from interest or otherwise, from serving any legal process, it shall be served by any regular constable of the parish, or by an officer appointed by the court; and such constable or officer shall have in such suit all the powers, receive all the emoluments, and be liable to all the responsibilities of the sheriff.

Number of constables in

the parish of Orleans.

1880-28.

One constable for each city court in New Orleans, term

of office, how elected.

CONSTABLES FOR THE PARISH OF ORLEANS.

Constitutional Provisions.

ART. 143. There shall be one constable for each city court of the parish of Orleans, who shall be executive officer of such court. He shall be elected by the qualified voters of the parish of Orleans for the term of four years. The General Assembly shall define his qualifications and fix his compensation and duties, and shall assimilate the same, so far as practicable, to the provisions of this constitution relating to the civil sheriff of said parish. The judges of the city courts shall sit in banc to examine such bonds, try and remove constables and adopt rules regulating such trial and removal. They shall in such proceedings be governed, so far as practicable, by the provisions of this constitution regu lating the proceedings of the district courts of the parish of Orleans in the case of the sheriffs of said parish.

SEC. 410. There shall be one constable for each city court in the city of New Orleans, who shall hold his office for the term of four years, and shall be elected by the qualified voters of the parish of Orleans.

of constables,

how to be sued

SEC. 411. They shall be citizens of the State, residents and Qualifications voters of the city of New Orleans, and before entering upon their bond to be duties shall give bond with one or more solvent sureties, in the given by them sum of five thousand dollars, conditioned for the faithful per- on their bonds. formance of their duties, and for the legal adjustment of all claims against them incurred in their official capacity, which bond may be sued upon by any person damaged in any way by the constable in the discharge of their official duties.

SEC. 412. They shall serve and execute all process to them Constables to serve process of directed by the judges of the city courts, and make their return the judges of forthwith, except on writs of fieri facias, which shall be returned the city courts in thirty days from the date thereof. They shall attend the the sessions courts held by the judges of the city courts to keep order thereof. therein.

SEC. 413. They shall have power to seize and sell movable and immovable property, rights and credits in the same manner as sheriffs may do.

SEC. 414. Each constable shall have the right of appointing as many deputies as may be necessary, for whose acts he shall be responsible. The deputies, before entering upon their duties, shall take the oath required by the Constitution and laws.

and to attend

Constables to have the same

power as sher

iffs in cases of seizure and sale.

Constables to appoint depuOath of depu

ties.

ties.

Fees and com.

SEC. 415. Each of said constables shall receive as compensation for their services the fees of their office, as may be fixed by pensation of law.

constables.

bles' fees are

SEC. 416. Three months after the institution of any suit they When consta may demand their fees from the plaintiff or party by whom they due and how are due, and upon failure to pay the judge of the city court may, collectible; pro after proof has been adduced of the correctness of the account, lation thereto. contradictorily with the party against whom the motion is made, issue a fieri facias in favor of the constable; but nothing herein contained shall be so construed as to prevent any constable from collecting his fees from the defendant at any time after judgment against such defendant.

Proviso.

thereto moneys,

neglecting

or

SEC. 417. It shall be their duty to pay over or deliver to the Constables to parties entitled to the same all money, bonds or obligations pay over to the which they hold in their official capacity on the first demand; parties entitled and in case of neglect or refusal to comply, the party aggrieved etc: penalty for may proceed, by motion, against the constable and his sureties, failing to do so; of which reasonable notice shall be given; and if it appear that form of proceed ings against dethe constable has neglected or refused to pay over any fund or linquent constables. deliver any bonds or obligations in his possession to the party entitled to the same, without any legal cause, the judge shall render judgment in solido against such constables and his sureties.

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How coroners

are elected.

Coroner to be

Constitutional Provisions.

ART. 118. There shall be a sheriff and coroner elected by the qualified voters of each parish in the State, except the parish of Orleans, who shall be elected at the general elections and hold office for four years.

The coroner shall act for and in place of the sheriff whenever the sheriff shall be party interested, and whenever there shall be a vacancy in the office of sheriff, until such vacancy shall be filled; but he shall not during such vacancy discharge the duties of tax collector.

ART. 120. The coroner in each parish shall be a doctor of doctor of medi- medicine, regularly licensed to practice, and ex officio parish physician; provided, This article shall not apply to any parish in which there is no regularly licensed physician who will accept

cine

for the parish of Orleans.

the office.

ART. 147. There shall be one coroner for the parish of One coroner Orleans, who shall be elected every four years by the qualified electors of said parish, and whose duties shall be regulated by law. He shall be ex officio city physician of the city of New Orleans, receive an annual salary of five thousand dollars, and no more. He shall be a practicing physician of said city, and a graduate of the medical department of some university of respectable standing. He may appoint an assistant having the same qualifications as himself, at an annual salary not exceeding three thousand dollars. The salaries of both coroner and assistant to be paid by the parish of Orleans.

1868-207.

Coroner's bond.

SEC. 418. Every coroner shall take the oath prescribed by the Constitution and laws, and shall give bond and security according to law in the parish of Orleans, in the sum of twentyfive thousand dollars, and in the other parishes of the State, in the sum of two thousand dollars, for the due performance of the duties of his office.

SEC. 419.
SEC. 420.

The coroner shall be a conservator of the peace.

Coroner con

servator of the peace.

Inquests

It shall be the duty of the coroner, on being informed of the violent death of any person within his jurisdiction, bodies de the cause of which is unknown, immediately to proceed to view ceased persons. the body and make all proper inquiry respecting the cause and manner of the death; and if, from such inquiry, he shall be satisfied that no person has been guilty of causing or procuring the death, and that there are no suspicious circumstances attending it, he shall, without further proceedings therein, deliver the body to the friends, if any there be, for interment; in case there are no friends who will take charge of the body, and if the deceased shall not have left property sufficient to pay the expenses of the burial, then it shall be the duty of the coroner to bury it. SEC. 421. Where inquests are not held the coroner shall issue a certificate to the following, or similar import:

coroner of the parish of

1869- 21. Certificates of

I, "" having been notified examination. of the death of —, and having viewed the body of the said -, and made inquiry respecting the death, do certify that I am satisfied no guilt attaches to any person by reason thereof, and that an inquest is unnecessary. [And where it shall have become necessary for the coroner to bury the body, the certificate shall continue and say]: "That the deceased has no friends to take charge of and bury the body, nor, as I can ascertain, has he (or she) left property sufficient to defray the expenses thereof, and I have therefore buried the same."

And this certificate shall be file in the office of recorder of births and deaths for the parish of Orleans, and it shall be the duty of the coroners of the parish of Orleans to file monthly in the said office of recorder of births and deaths for the parish of Orleans, a duplicate copy of all inquests held by them in the parish of Orleans, and all the certificates already filed in the clerk's office of the fourth district court for the parish of Orleans, by virtue of the said amended section, are hereby transferred to the office of recorder of births and deaths for the parish of Orleans, to be filed, and to remain deposited in said office.

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1868-207.

When in

SEC. 422. If the coroner shall have reason to suspect that the person, whose body he shall have been called to view, came to his death by violent means, then, and not otherwise, it shall be his quests shall be duty forthwith to proceed and take inquest of said death.

necessary.

SEC. 423. When inquest is to be held the coroner shall sum- Coroner's mon forthwith five citizens residing in the parish to appear before jury. him at the time and place expressed in the summons, then and there to inquire upon view of the body of

-, there lying

dead, when and by what means he came to his death.

on coroner's

SEC. 424. If any person summoned as a coroner's juror shall Penalty for fail to appear, without reasonable excuse therefor, he shall for refusing to at feit the sum of twenty-five dollars. All forfeitures under this tend as jurymen section in New Orleans and Jefferson may be recovered for the jury. benefit of the Charity Hospital of New Orleans, by suit to be brought by the administrators of the hospital. In the country parishes all forfeitures recovered under this section shall be deposited in the parish treasury, and for the us of said parishes, suit to be brought before a justice of the peace in the name of the police jury thereof.

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Oath of jurors

Examination of witnesses.

SEC. 425. When the jurors who have been summoned appear, the coroner shall call over their names, and then, in view of the body, he shall administer to them the following oath: "You solemnly swear that you will diligently inquire, and true presentment make, on behalf of the State, when and by what means the person, whose body here lies, came to his death; and that you will return a true inquest thereof, according to your knowledge and such evidence as shall be laid before you, so help you God." If any of the five jurors shall not appear, the coroner shall summon jurors from the bystanders to complete the number of the jury.

SEC. 426. The coroner may summon witnesses at such time and place as he shall direct; the persons summoned shall, for non-attendance or refusal to testify, be subject to the same penalties, to be expressed in the summons, as if they had been served with a subpoena on behalf of the State to attend a justice's court. It shall be the duty of the coroner, if adjudged necessary either by himself or by a majority of the jury, in order to ascertain the Post mortem cause of death, to order a post mortem examination, whether surgical only, or chemical also, to be made on the body of the subject of the inquisition, by competent medical practitioners; and the expense of such post mortem examination shall be paid by the parish or municipal authorities within whose jurisdiction the inquests shall be held.

examinations.

Oath of witnesses.

Testimony in writing.

Verdict of

SEC. 427. The coroner shall administer the following oath to all witnesses:

"You solemnly swear that the evidence you are required to give on this inquest shall be the truth, the whole truth and nothing but the truth, so help you God.”

SEC. 428. The testimony of all witnesses examined on any inquest shall be reduced to writing and subscribed by the wit

nesses.

SEC. 429. The jury, upon the inspection of the body, and after coroner's jury. hearing the testimony of witnesses and making all needful inquiries, 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 accessaries, if known, or with being in any manner the cause of his death, which inquisition may be in substance as follows: An inquisition taken at on the day of , before the coroner of the parish 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,

Recognizance of witnesses.

in the year

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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. SEC. 430. If the jury find that any murder or manslaughter has been committed on the deceased, the coroner shall bind over, by recognizance, such witnesses as he shall think proper to appear

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