the army, or who, being subject to the rules and articles of war, is confined by any one legally acting under the authority thereof, or who is held as prisoner of war, under the authority of the United States.

Art. 104. There is no other writ of habeas corpus known in the law of this state, but that described and provided for in this chapter. Courts having occasion to direct the production of prisoners before them, either to prosecute, to give testimony, or for any other purpose than that of examining into the cause of their imprisonment, may command the production of such prisoners by an order of court, entered on their minutes, and certified to the officer having charge of such prisoner.

SECTION VII.

Penalties for the breaches of the duties enjoined by this chapter.

Art. 105. Any judge empowered by this chapter, to issue writs of habeas corpus, who shall refuse to issue such writ, when legally applied to, in a case where such writ may lawfully issue, or who shall unreasonably delay the issuing of such writ, or who, in cases where such writ is allowed to issue without any proof, shall WILFULLY omit to issue, or wilfully and unreasonably delay the issuing such writ, shall for every offence be fined in the sum of two thousand dollars.

Art. 106. Any judge so authorized, who shall refuse, or wilfully omit to perform, any other of the duties imposed on him by this chapter, or shall unreasonably delay the performance thereof, by which refusal, omission or negligence, any illegal imprisonment is caused or prolonged, shall be fined in the sum of one thousand dollars.

Art. 107. Any executive officer of justice to whom a writ of habeas corpus, or any other warrant, writ or order, authorized by this chapter, shall be directed, delivered or tendered, who shall refuse, or neglect to serve or execute the same, as by this chapter is directed, or who shall unreasonably delay the service or execution thereof, shall be fined in the sum of one thousand dollars.

Art. 108. Any one having the person in his custody, or under his restraint, power or control, for whose relief a writ of habeas corpus is issued, who, with the intent to avoid the effect of such writ, shall transfer such person to the custody, or place him under the power or control of another, or shall conceal him, or change the place of his confinement, with intent to avoid the operation of such writ, or with intent to remove him out of the state, shall be fined in the sum of two thousand dollars, and may be imprisoned at hard labour, not less than one nor more than five years.

Art. 109. In a prosecution for any penalty incurred, under the last preceding article, it shall not be necessary to show that the writ of habeas corpus had issued at the time of the removal, transfer or concealment therein mentioned, if it be proved that the acts therein forbidden, were done with the intent to avoid the operation of such writ. Art. 110. Any one having the person for whose relief a writ of habeas corpus is issued, in his custody, or under his power or control, who, (without being guilty of any of the acts made punishable by the last

preceding article) shall, after being legally served with such writ, neglect or refuse to produce such person, in cases where, by the provisions of this chapter, he is bound to produce him, shall be fined in the sum of one thousand dollars.

Art. 111. Any person to whom a writ of habeas corpus is directed, and on whom it is duly served, who shall neglect or refuse to make a return thereto, in the manner directed by the third section of this chapter, shall be fined in the sum of five hundred dollars, even if he have not the party whom it is intended to relieve in his custody, or under his power or control.

Art. 112. Any sheriff or his deputy, any jailor or coroner, having custody of any prisoner, committed on any civil or criminal process of any court or magistrate, who shall neglect to give such prisoner a copy of the process, order or commitment, by virtue of which he is imprisoned, within three hours after demand, shall be fined in the sum of five hundred dollars.

Art. 113. Any magistrate who, on receiving notice of the issuing of a habeas corpus for any person committed by him for any offence, shall neglect to attend at the return of the habeas corpus, in the manner directed in this chapter, shall be fined in the sum of three hundred dollars; unless, before receiving such notice, he shall have returned the papers relative to such commitment, to the clerk of the court having cognizance of the cause.

Art. 114. Any person who, knowing that another has been discharged by order of a competent judge, on a habeas corpus, shall, contrary to the provisions of this chapter, arrest or detain him again for the same cause, which was shown on the return of such writ, shall be fined in the sum of five hundred dollars for the first, and one thousand five hundred dollars for a second offence.

Art. 115. Any able bodied male inhabitant of this state, above the age of eighteen and under fifty years of age, who shall, when legally called on for that purpose, refuse to aid a magistrate, executive officer of justice, or other person, legally authorized to serve or execute any writ, commitment or order, issued by virtue of this chapter, in the service or execution of such writ, warrant or order, shall be fined in the sum of fifty dollars.

Art. 116. The recovery of the said fines shall be no bar to a civil suit for damages, or to a criminal prosecution, for such of the said acts or omissions as may, in the third book of this code, be declared to be an offence.

CHAPTER VIII.

Of suppressing permanent offences against property, and of the disposition of personal property, seized and supposed to be stolen.

Art. 117. Permanent offences against personal property, by a criminal taking, may be suppressed either by civil suit for its restoration, or by the means herein before directed of a search warrant, or by resistance to the unlawful taking.

Art. 118. In all cases of a conviction for a criminal taking or detention of personal property, which is taken with the offender or in his possession, or where without such conviction the property is found on a search warrant, or is detained in the hands of an officer of justice on suspicion of being stolen; on satisfactory proof of ownership, it shall be restored to the owner.

Art. 119. No property coming to the possession of a magistrate, court or officer of justice, by any of the means described in the last preceding article, shall be restored to any one claiming as owner until after notice published for fifteen days, describing the property and designating the person from whom it was taken, or the place where it was found, and requiring all persons having any claims, to make them known.

Art. 120. If no more than one claimant appear, the property shall, without prejudice to any other civil claim, be delivered to him on his making oath to the ownership. If more than one claimant appear, the property shall remain sequestered in the hands of the sheriff, until by a civil suit the rights of the parties be determined.

Art. 121. If no claimant appear, the property shall be sold at auction, and the proceeds paid to the treasurer of the state, and if no claim be made on him by any person claiming as owner within one year, it shall be carried to account of the Recompense Fund, hereinafter designated.

Art. 122. If an indictment or information be presented against any one for a violent dispossession of real property, contrary to the provisions of the Code of Crimes and Punishments, it shall be tried in preference to any other, except those for offences punishable with imprisonment for life; and an information may be filed when the court is not in session by permission of the judge, who shall thereupon hold a special court for the trial of such offence.

Art. 123. If the defendant be convicted, the person aggrieved shall be restored to, and maintained by the court in, possession of the property against the person convicted, until the right shall be determined by a civil suit, if any be brought.

TITLE III.

OF THE MANNER OF CALLING FOR AND EMPLOYING THE MILITARY FORCE OF THE STATE IN AID OF THE CIVIL POWER.

Art. 124. Neither the militia nor any other military force shall be employed in the aid of the civil power, or brought to act in a military capacity against any persons in the state, unless it be called for in the manner directed by this title; and when so called for shall be subject to the regulations hereinafter prescribed.

CHAPTER I.

Of the manner and cases in which the military force may be required.

Art. 125. When any three magistrates, of whom a judge must always be one, shall be convinced by the affidavits of two inhabitants of the state, that a RIOT or INSURRECTION has taken place in the parish in which the persons making the affidavit reside, and that the persons engaged therein cannot be arrested or dispersed by the ordinary force of civil authority, they shall make a written application to the governor, requesting military aid.

Art. 126. If the governor be at such a distance from the place at which the riot or insurrection exists, as is two great to enable him to give the necessary orders in time for its suppression, a copy of the application shall be also sent to the nearest field officer of ordinary militia or of any independent corps, containing the same request.

Art. 127. The application must be signed by the magistrates, must state the substance of the testimony offered to them, and the place and probable object of the riot or insurrection, and it must designate the number of men required for the purpose of suppressing it.

Art. 128. Immediately after receiving such application, the governor or officer to whom it is directed, shall order the number of men specified therein, to march with arms and ammunition under the command of the requisite officer, and place themselves under the direction of the magistrates signing the application.

Art. 129. The governor or the officer to whom the application is made, may, notwithstanding the designation of the number of men in the application, order as many more as he may deem necessary, to be embodied and hold themselves in readiness, if those sent for the purpose should prove insufficient to overcome the resistance that may be offered; and if the resistance should be continued, the men so kept in readiness may be employed without further requisition from the magistrate.

CHAPTER II.

Of the manner in which the military force is to be employed.

Art. 130. The officer commanding the troops detailed in compliance with the application of the magistrates, shall immediately repair to the place designated, and post the troops in such a manner as to intervene between the persons or the property that it may be the intention of the rioters or insurgents to attack. He shall then act entirely on the defensive, not suffering the men to fire, and permitting them to use their

edged or pointed weapons only to repel actual violence, except in one of the following cases.

1. If an attack be made on any one of the militia by which his life is in danger, or if an attempt be made to disarm him, which he cannot otherwise avoid, he may defend himself by discharging his fire-arms.

2. If a general attack be made by the insurgents or rioters upon the militia with fire-arms, or by missile or other weapons, by which the lives of the men are indiscriminately put in danger, the officer may order the men to fire, but not until an endeavour has been made to disperse the rioters by means less dangerous to persons who may not be engaged in the offence.

3. If the troops cannot be so placed as to intervene between the rioters and the persons or property which they apparently intend to attack, and the illegal purpose of the riot is persevered in, by means evidently dangerous to the lives of others, although no attack be made on the troops themselves, the magistrates, or any two of them, may direct the officer to disperse the rioters, which he is authorised to do, by ordering the men first to use the bayonet or sword, and if they prove ineffectual to disperse the assembly, but not otherwise, then to discharge their fire-arms against them.

4. The troops shall not be brought up to the place until the white flag has been displayed by a magistrate, and warning given to disperse, in the manner directed by the article of the Code of Crimes and Punishments, and unless in defence against an attack dangerous to life, no order shall be given or obeyed to make any discharge of fire-arms, or other use of any other arms than for defence, until half an hour shall have elapsed after the displaying of the white flag and the giving the warning to disperse.

5. Every endeavour must be used both by the magistrates and officer commanding the troops that can be made consistently with the preservation of life, to induce or force the rioters or insurgents to disperse before any attack is made upon them by which their lives may be endangered.