Act No. 159
AN ACT
To incorporate the City of New Orleans; to provide a Commission form of Government for the administration of the affairs of said city; to provide for an initiative, referendum and recall, and for the manner and mode of exercising and submitting same, and providing penalties for the violation of any of the provisions of this act in reference to same; to submit this act to the qualified voters of the City of New Orleans for their approval or disapproval; to provide that if disapproved this act shall be non-operative; to call a special election for the purpose of taking the sense of said voters; to provide a special primary to nominate party candidates for municipal officers in the City of New Orleans to be elected in November, 1912, and for that purpose only to subordinate the general primary laws of the State to the special provisions of this act, and to repeal all laws and parts of laws in conflict herewith.
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RECORDERS COURTS.
Section 21. There shall be not less than three police courts in the City of New Orleans, to be known as the Recorders' Courts. There shall be one judge for each of said courts, who shall be chosen by the Commission Council, as herein above provided. Said judges shall be at least thirty-five years old and residents of the City of New Orleans for at least five years prior to their election. The Commission Council shall have power to locate said courts, to define the territorial jurisdiction thereof, to provide for the transfer of judges from one territorial jurisdiction to another, "and to fix the hours of holding court, and the method and mode of procedure.
Sec. 22. The Commission Council shall elect a chief clerk for each of said courts and such assistant clerks as the Commission Council may deem necessary.
Section 23. In all appealable cases the testimony shall be taken down verbatim, but the stenographic notes need not be written out unless an appeal is taken, in which case the testimony shall be written out and signed by the Recorder, and by him forwarded with the record to the appellate court. No appeal shall be allowed except when taken on the day of the sentence, and in all appeals the procedure shall be as nearly as possible the same as in cases of appeal from the City Criminal Courts.
Sec. 24. The Commission Council shall provide suitable rooms, furniture and stationery for said courts, and the Board of Police Commissioners shall detail, subject to such rules as it may adopt, four policemen in said .Recorders' Courts to keep order and execute orders and decrees of the Recorders.
Sec. 25. Recorders shall have the power to enforce all valid city ordinances, and to try, sentence and punish all persons who violate same. They and their clerks shall have power to administer oaths, and the Recorders shall have power to compel witnesses to appear and testify, and to punish for contempt, provided such contempt be committed in open court, and punishment thereof shall not exceed twenty-five dollars fine or twenty-four hours in jail.
Sec. 26. All fines, penalties or forfeitures imposed by Recorders shall be collected by them, and by them paid daily to the City Treasurer; to this end the Treasurer shall furnish to each Recorder a printed receipt book, with marginal stubs, and the Recorders shall give a receipt from said book to the person paying same for every fine or penalty collected, stating therein the amount of the fine or penalty, the date, from whom collected, the name of the person fined, and for what offense, and shall make corresponding entries on the stub thereof. No person except the Recorder shall be allowed to receive payment of a fine or penalty, or give a receipt therefor; nor shall any fine be remitted or released unless in open court, and entry thereof shall be made on the minutes of the court, and due record shall be made thereof by the Recorder in his return to the Treasurer. Said receipt books and stubs shall always be open for public inspection. Should any Recorder fail, neglect or refuse to comply with the provisions of this section, he shall be guilty of a misdemeanor and be punishable by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months, and shall be liable to removal from office.
