desire to be tried by any particular jurors, you may set aside nine of them, without assigning any cause; and if you have good cause to set aside any others, you may do so by declaring it: what is good cause, your counsel will explain to you. If you have any objection to make to the manner in which the jury has been drawn, you must now do so, or you will hereafter be precluded. Your objections to individual jurors must be made when they come to be sworn, but before they are sworn."

Art. 485. The clerk shall then proceed to draw the names of the jurors, and as each shall come to be sworn, the clerk shall, in cases of CRIME, say, "Defendant, look on the jury! Juror, look on the defendant !"-And if no challenge is made, shall proceed to administer the oath.

Art. 486. When a full jury shall be sworn, the clerk shall address them thus: "Gentlemen of this jury, an indictment [or information, as the case may be,] has been filed against A. B. [the defendant] in the following words. To this accusation he has pleaded not guilty. You are the persons upon whom the task is imposed of deciding whether he be guilty or not guilty. This you are to determine according to the evidence which will be offered to you.

Art. 487. Courts of criminal jurisdiction may make such rules for the order of proceeding therein; but copies of all such rules must be sent to the governor, the senate, and the house of assembly, on the first day of the session after they shall have been made, or if the legislature be in session when such rules are entered, within five days afterwards; provided, that no such rule shall be contrary to any provision in this system of penal law.

CHAPTER XV.

Of the officers of courts of criminal jurisdiction.

Art. 488. There shall be in every court of criminal jurisdiction the following officers: a clerk, an interpreter, a reporter, a crier, and a sheriff with his deputies.

SECTION I.

Of the clerk.

Art. 489. The duties of the clerk are, to keep correct minutes under the direction of the judge; to preserve all the papers and records of the court; to administer oaths in court; to direct the crier to call the persons whose attendance may be required; to file all papers directed to be filed, by endorsing on them some description by which they may be known, together with the date of their being filed; to receive and record all indictments and informations, and to arraign the defendants; to demand, receive, record their answers; to give authenticated copies

of the minutes and records; and to do all other things as he may be required by law to perform.

Art. 490. The clerk may appoint a deputy, whose official acts shall be valid; provided the deputation be in writing and recorded on the minutes of the court. When neither the clerk nor his deputy appears, the judge may appoint some person to officiate, whose appointment shall be entered on the minutes of the court, and whose official acts shall be valid.

Art. 491. The clerk is civilly liable for all the acts of his deputy, and criminally for all such as he shall have authorized, or knowingly permitted, in the manner described in the criminal code.

Art. 492. The clerk shall keep an office, in which all the records and papers of the court shall be kept, and methodically arranged in such manner as the judge shall order; and the court shall, by rule, direct at what hours such office shall be kept open; and during such hours the clerk is bound to show any paper filed in such office, to any person who may require to see the same; but no acts of accusation, or evidence in support of the same shall be shown, or copies thereof given, to any but the court, the party accused, the grand jury, or the public prosecutor, before the trial of the cause.

SECTION II.

Of the interpreter.

Art. 493. An interpreter shall be appointed for each court of criminal jurisdiction, who shall be well acquainted with the English, French, and Spanish languages, and who shall be sworn faithfully to perform the duties of his office.

Art. 494. It shall be the duty of the interpreter to translate such papers as are produced, and to interpret such declarations and proceedings as are made in court, so that they may be understood by the court, the jury, the parties, and others present who ought to know the contents; if any of them are ignorant of the language in which such papers are written, such declarations given, or such proceedings had.

Art. 495. Whenever the defendant cannot understand English, a translation, of the act of accusation and of all papers annexed to the same, into some language which he understands, shall be given to him, with the copy herein before directed to be served on him; and if he require it, his arraignment shall be postponed until such copy be given.

Art. 496. Whenever any translation or interpretation is required into, or from, a language with which the interpreter is unacquainted, or in the absence or sickness of that officer, or of a vacancy in the office, the court may appoint a proper person to do the particular service required, first administering an oath for the faithful performance of the duty.

SECTION III.

Of the reporter.

Art. 497. A reporter shall be appointed by the governor for each court having criminal jurisdiction, who shall receive such emolument as the legislature shall, by special law, direct: he shall be sworn faithfully to perform the duties of his office. The reporter shall not practise as counsellor or attorney in any criminal cause in that or any other

court.

Art. 498. The duty of the reporter shall be to attend at all the sittings of the court; to take notes of all the acts of accusation, testimony, arguments, verdicts, judgments, and other proceedings, in each criminal cause that shall be brought before such court; to perform which duty a convenient seat shall be assigned to him; and from these notes he shall make a faithful report.

Art. 499. Within one month after every term of such court, or oftener at his discretion, he shall publish such reports in some gazette printed in the city of New Orleans.

Art. 500. The governor is authorized to contract with the proprietors of a gazette for the publication of such reports; and as an equivalent for the expense-all judicial orders, directed to be published by any court-all advertisements for sheriff's sales, either on execution or for taxes all advertisements directed to be made by syndics-shall be published in such gazette, at the usual rates now allowed by the court.

Art. 501. The proceeding in the causes designated or presented in the chapter next following, are excepted from the operation of the three last preceding articles, and from any other provision in the system of penal law, contrary to the directions of the said chapter.

Art. 502. It shall also be the duty of the reporter to make and deliver to the governor, and the attorney general, once in every three months, a return of names of all the persons bailed or committed to prison by any court or magistrate in the district, designating, in separate columns, the offence charged; whether bailed or committed, and whether the accusation has been followed up by an indictment or information, and whether the indictment or information be for the same offence as originally charged by the commitment; whether the party has been discharged, and by what authority, and for what cause; and whether tried and acquitted, or convicted, and if convicted, of what offence; and how sentenced, and whether sentence has been executed, and how : designating also, the sex, age, place of nativity, and profession or trade, of the defendant; whether he could write or read, together with the dates of the commitment and other proceedings, according to forms to be furnished by the governor, who may require by them such additional information as may show the prevalence or suppression of different offences, and the general operation of the penal laws.

Art. 503. Once in every year the governor shall cause an abstract to be made of all the returns, omitting the names in cases of misdemeanor, and cause the same to be published; to which abstract shall be added (from the return directed by the Code of Reform and Prison Discipline to be made by the keeper) opposite to the name of each convict, who

has been committed to the state prison, whether he is still in custody, or discharged, and how; and if in custody, whether at labour, or in solitude; and if at labour, how employed.

SECTION IV.

Of the sheriff and other officers of justice.

Art. 504. It is the duty of the sheriff of the district in which any court of criminal jurisdiction shall sit, to attend its sessions by himself or his deputy; and he, or such deputy who acts for him, shall have at least two other deputies constantly in attendance, to execute the orders of the court.

Art. 505. The sheriff shall also present to the court, at the opening of its session, a list containing the names of all the constables; and the court shall also designate the number of them required for daily attendance, who shall serve in rotation.

Art. 506. The constables, during the session of the court, shall be under the direction of the sheriff.

Art. 507. The judge may, in or out of court, whenever he shall deem it expedient for the preservation of the peace or the execution of the orders of the court, appoint any number of special constables he may think proper, who shall continue in office during the time, or for the occasion, for which they are named.

Art. 508. The sheriff's officers and constables may, when the sheriff or the court deem it necessary, be armed with staves; but no man, armed in any other manner, shall be allowed to enter the hall in which the court is sitting. An armed guard may, with the approbation of the judge, be employed by the sheriff, to guard a prisoner to and from the court whenever there is danger of a rescue, but they cannot enter with their arms. Nothing in this article shall prevent officers in the army or navy from entering the court with their usual side-arms.

Art. 509. The crier is an officer of justice appointed by the court; his duty is to make proclamations for opening and adjourning the court; to call and swear the jurors and witnesses; to preserve silence and order in court, and to remove those who disturb its proceedings: the whole under the orders of the court.

CHAPTER XV.

Of cases in which the publicity of legal proceedings may be limited.

Art. 510. In all prosecutions for the following offences, that is to say: for assault, accompanied by any of the circumstances set forth in the fourth article of the fourth section of the first chapter nineteenth title and second book of the Code of Crimes and Punishments; for assault with intent to ravish; for rape, adultery, offences against decency, and defamation implying a charge of either of the offences. During the examination of witnesses, previous to the commitment for those offences, no person

shall be present but the magistrate before whom the complaint shall be made, and such other magistrates as he may request to aid him in the examination, the public prosecutor, the accused and his counsel, the person complaining, the sheriff, and other officers of justice attending on the magistrate, the witnesses, and such persons, not exceeding ten for each party, as the complainant and the accused may desire to have admitted.

Art. 511. On the trial, the persons admitted into court shall be restricted to those mentioned in the preceding article, with the officers of court, and the jurors sworn to try the cause.

Art. 512. In making the report of any such trial, the reporter shall not give the details of the evidence, or publish the names of the witnesses. Art. 513. Any person who shall publish any account of such trial, containing any indecent or wanton details, shall be fined not exceeding two hundred dollars, and imprisoned not exceeding sixty days, if the account be substantially true; but if it be false, the punishment shall be doubled, and the prosecution and trial for such offence shall be conducted according to the rules laid down in this chapter.

CHAPTER XVI.

Of costs.

Art. 514. Until the system by which magistrates and officers of courts and of justice are remunerated for their services by fees, shall be abolished, the state shall pay costs in all cases where the accused is discharged on an acquittal or for want of prosecution.

Art. 515. The payment of costs is not to be awarded in all cases on conviction. The defendant may, in some cases, be exonerated from them altogether, or he may be directed to pay a certain sum towards the payment of costs. This is at the discretion of the court, and must be exercised so as to proportion the amount of costs to the punishment inflicted.

Art. 516. Costs can only be recovered by execution, in the manner directed for the recovery of a fine; and no one shall be detained in prison to enforce the payment of costs, until after the DISCUSSION of his property, and then only in the manner directed in cases of fines.

CHAPTER XVII.

Of prescription as applied to offences.

Art. 517. There is no prescription against prosecutions for any offences other than those especially provided for in this chapter.

Art. 518. Prosecutions for all misdemeanors, except public offences, are prescribed by the lapse of three years after the commission of the offence.

Art. 519. Whenever the indictment is for a crime, and the party is