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Louisiana's Justice of the Peace: 1868

Laws and History

1868

1868   Articles  73 , 83878996117

JUDICIARY DEPARTMENT.

Art. 73. — The judicial power shall be vested in a Supreme Court, in District Courts, in Parish Courts and in Justices of the Peace.

Art. 83. — The General Assembly shall divide the State into judicial districts, which shall remain unchanged for four years, and for each district court, one judge, learned in the law, shall be elected for each district, by a plurality of the qualified electors thereof. For each district there shall be one district court, except in the parish of Orleans, in which the General Assembly may establish as many district courts as the public interests may require. Until otherwise provided, there shall be seven district courts for the parish of Orleans, with the following original jurisdiction : the first, exclusive criminal jurisdiction; the second, exclusive probate jurisdiction; the third, exclusive jurisdiction of appeals from justices of the peace; the fourth, fifth, sixth, and seventh district courts, exclusive jurisdiction in all civil cases, except probate, when the sum in contest is above one hundred dollars, exclusive of interest. These seven courts shall also have such further jurisdiction, not inconsistent herewith, as shall be conferred by law. The number of districts in the State shall not be less than twelve nor more than twenty. The clerks of the district courts shall be elected by the qualified electors of their respective parishes, and shall hold their office for four years.

Art. 87. — The parish courts shall have concurrent jurisdiction with the justices of the peace in all cases when the amount in controversy is more than twenty-five dollars and less than one hundred dollars, exclusive of interest. They shall have exclusive original jurisdiction in ordinary suits in all cases when the amount in dispute exceeds one hundred dollars and does not exceed five hundred dollars; subject to an appeal to the district court in all cases when the amount in contestation exceeds one hundred dollars, exclusive of interest. All successions shall be opened and settled in the parish courts; and all suits in which a succession is either plaintiff or defendant, may be brought either in the parish or district court, according to the amount involved. In criminal matters the parish comes shall have jurisdiction in oil cases when the penalty is not necessarily imprisonment at hard labor or death, and when the accused shall waive trial by jury. They shall also have the power of committing magistrates, and such other jurisdiction as may be conferred on them by law. There shall be no trial by jury before the parish courts.

Art. 89. — The justices of the peace shall be elected by the electors of each parish, in the manner to be provided by the General Assembly. They shall hold office for the term of two years, and their compensation shall be fixed by law. Their jurisdiction in civil cases shall not exceed one hundred dollars, exclusive of interest, subject to an appeal to the parish court, in all cases when the amount in dispute shall exceed ten dollars, exclusive of interest. They shall have such criminal jurisdiction as shall be provided for by law.

Art. 96.— Impeachments of the Governor, Lieutenant Governor, Attorney General, Secretary of State, Auditor of Public Accounts, State Treasurer, Superintendent of Public Education, and of the judges of the inferior courts, justices of the peace excepted, shall be tried by the Senate; the Chief Justice of the Supreme Court, or the senior associate judge thereof, shall preside during the trial of such impeachments. Impeachments of the judges of the Supreme Court shall be tried by the Senate. When sitting as a court of impeachment, the Senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the Senators present.

Art. 117. — No person shall hold or exercise, at the same time, more than one office of trust or profit, except that of justice of the peace, or notary public.