1921 Article 7 35 thru 37, sections 46 thru 51
Section 35. Beginning with the adoption of this Constitution, and continuing until the end of their present terms, district judges shall each receive a salary of four thousand dollars per annum, payable monthly on his own warrant. Thereafter district judges shall each receive five thousand dollars per annum, payable as above provided. The police jury of Caddo parish may pay each of the judges of the First Judicial District an additional salary of one thousand dollars per annum until the expiration of the present terms. The District Courts, except in the parish of Orleans, shall have original jurisdiction in all civil matters regardless of the amount m dispute, or the fund to be distributed, concurrently, however,with justices of the peace in matters where the amount in dispute, or fund to be distributed, is less than one hundred dollars, exclusive of interest ; and in all cases where the title to real estate, or the right to office, or other public position, or civil or political rights are involved, and in all cases where no specific amount is in contest, except as may be otherwise provided in this Constitution. District Courts shall be courts of record, except in cases where they have concurrent jurisdiction with justices of the peace. They shall have unlimited and exclusive original jurisdiction in- all criminal cases, except such as may be vested in other courts authorized by this Constitution ; and in all probate and succession matters, and where the State, a parish, municipal, or other political corporation, or a succession, is a party defendant, regardless of the amount in dispute; and in all proceedings for the appointment of receivers or liquidators to corporations or partnerships, and may require bonds to keep the peace.
Section 36. The District Courts shall have jurisdiction of appeals from justices of the peace from orders requiring peace bonds, and of all civil matters regardless of the amount in dispute, except cases where immovable property, either separately or in conjunction with movable property, is claimed as a homestead, Persons sentenced to pay a fine or to imprisonment, by mayors, recorders, or municipal courts shall be entitled to an appeal to the District Court of the parish, upon giving security for fine and costs of court, and in such cases trials shall be de novo and without juries.
Section 37. The Legislature shall provide the method of procedure in District Courts in cases in which said courts have concurrent jurisdiction with justices of the peace, and in such cases, may empower the clerks of the District Courts to enter defaults, and to render and sign judgments by default or by confession.
Justices of the Peace and Constables.
Section 46. Any parish of the State, the parish of Orleans excepted, may be divided by the police jury thereof into not more than six nor fewer than three justice of the peace wards, from each of which there shall be elected one justice of the peace; provided, that the Legislature may reduce such number, or even abolish the office of justice of the peace throughout the State. The number of justice of the peace wards in the several parishes shall remain as now fixed until rearranged, or until the office of justice of the peace may be abolished, as herein provided.
Section 47. Justices of the peace shall be of good moral character, freeholders and qualified electors, able to read and write the English language correctly, and shall possess such other qualifications as may be prescribed by law. They shall be elected at the general state election for terms of four years, by the qualified voters within the territorial limits of their jurisdiction.
Section 48. Justices of the peace shall have concurrent jurisdiction with the District Courts in all civil matters when the amount in dispute shall not exceed one hundred dollars, exclusive of interest, including suits for the possession or ownership of movable property not exceeding said amount in value, and in suits of landlords for the possession of leased premises, where the monthly or yearly rent, or the rent for the unexpired term of the lease, does not exceed said amount.
They shall have no jurisdiction in succession or probate matters, or when a succession is defendant, or when the State, parish or municipality, or other political corporation, is party defendant, or when the title to real estate is involved. They shall have criminal jurisdiction, as committing magistrates only, and shall have power to bail or discharge, in cases not capital or necessarily punishable at hard labor, and may require bonds to keep the peace.
Section 49. There shall be one constable for the court of each justice of the peace in the several parishes of the State, who shall be elected at the general State election for a term of four years by the qualified electors within the territorial limits of the justice of the peace ward of the court for which he is elected. He shall be of good moral character, able to read and write the English language, and shall be an elector and resident of the ward from which elected, and shall possess such other qualifications as may be prescribed by law.
Section 50. Justices of the peace and constables shall receive such fees in civil cases as may be fixed by law. They shall receive no fees in criminal matters, nor in peace bond cases, but in lieu thereof such salaries as may be fixed by the police jury, and paid by the parish, which salaries shall be graded.
Municipal Courts.
Section 51. The Legislature shall have the power to abolish justice of the peace courts in wards embracing the parish seat, or containing cities of more than five thousand inhabitants, and to create in their stead courts with such civil jurisdiction as is now vested in justices of the peace, and with criminal jurisdiction which shall not extend beyond the trial of offenses not punishable by imprisonment at hard labor under the laws of this State, and with jurisdiction of cases for the violation of municipal and parochial ordinances, and to hold preliminary examinations in cases not capital, and to require bonds to keep the peace, and may perform marriage ceremonies.
The Legislature may also pass laws conferring civil jurisdiction on city courts in cities where the combined population of the city and the ward or wards of the parish where situated is ten thousand inhabitants, or more, concurrent with that of the District Courts, where the amount in dispute, or the value of the movable property involved, does not exceed three hundred dollars, exclusive of interest; provided, that appeals from such courts, where the amount in contest exceeds one hundred dollars, exclusive of interest, shall be returnable to the Court of Appeal of the circuit in which such city is situated, and where the amount in contest is one hundred dollars, or less, exclusive of interest, the appeal shall be returnable to the District Court of the district in which such city is situated.
The compensation of the judges of such courts shall be fixed by the Legislature and paid by the parishes and cities in which Jurisdiction they are, or may be established, in such proportions as may be provided by law; and such judges shall be elected by the people at the same time at which other municipal officers are elected, except in cases where otherwise provided by municipal charters or by special law; provided, that whenever the territorial limits of the ward or wards of. the parish in which such city, courts have jurisdiction extend beyond the limits of the city, the judges of such courts shall be elected as is provided in this Constitution for the election of justices of the peace.
The Legislature may vest in mayors, or in other municipal officers, such jurisdiction as may be necessary over the violation of municipal ordinances.
