him in this act, the parish judge shall fill the vacancy by appointment to continue for the time for which the district attorney for the district was appointed or elected.

D. Sec. 1072, 2032, 2760. Act 1868, p. 156. Act 1874, No. 44. State ex. rel. vs. Parlauge, 26 A. R. P.

548.

[No. 44. An Act to repeal sections 1178, 1179, 2760, 2761, of Ray's Revised Statutes, and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Louisi ana in General Assembly convened, That sections 1178, 1179, 2760 and 2761 of Ray's Revised Statutes, approved March 14, 1870, be and the same are hereby repealed.

SEC. 2. Be it further enacted, etc., That immediately after the passage of this act there shall be appointed a District attorney pro tempore in each parish of this State, except the parish of Orleans, whose term of office shall expire on the first day of January, 1875, and within thirty days after the first day of January, 1875, and each year thereafter for the term of one year by the governor of the State, with the advice and consent of the Senate, and in the event of the failure of the governor to make such appointment within the time aforesaid, the police jury of the parish shall make such appointment, and in the event of death, resignation or other disability of such District attorney pro tempore to attend to the duties required of him in this act, the district judge of the district in which such parish is situated shall fill the vacancy by appointment, to continue for and until an appointment is made by the gover

nor.

SEC. 3. Be it further enacted, etc., That the District attorneys pro tempore appointed ac cording to the provisions of this act shall be the parish attorneys for the parish for which they are appointed District attorneys pro tempore, and shall represent such parish in any case in which such parish may be interested, and perform such duties as attorneys for the benefit of such parish as may be required by the police jury. They shall be paid by such parish a salary not less than one hundred dollars per annum, and as much more as the police jury may fix, out of the treasury of such parish, quarterly on their own warrants, and the further sum of five per cent. commission and any amount they may recover in any suit in favor of such parish, and a fee of five per cent. on the amount for defending any suit in which said parish is defendant to be paid by the parish, provided no fee shall exceed five hundred dollars. SEC. 4. Be it further enacted, etc., That all laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

SEC. 5. Be it further enacted, etc., That this act shall take effect and be in full force from and after its passage.

Approved March 9, 1874.

Sec. 1179. The district attorneys pro tempore, authorized to Term of office. be appointed by the 1178th section of this act shall hold their offices for and during the same period the district attorney for the judicial district was elected or appointed. He shall have all the qualifications required to hold office in this State, and shall attest his eligibility to office, and take the same oath of office required of all other officers of this State.

[Repealed by No. 44.

D. Sec. 1073, 2033. Act 1874, No. 44.

An act to repeal sections 1178, 1179, 2760, 2761, of Ray's Revised Statutes, and for other purposes. Approved March 9, 1874. (See section above.)

Sec. 1180. The said district attorneys pro tempore are hereby Duties of dis- authorized and required to discharge and perform each and any trict attorneys duty required by law of the district attorney for the district,

pro tem.

Conducting prosecutions in criminal cases.

both in the supreme, district and parish courts and before committing courts, for the parish in which they may be appointed, in the absence of the district attorney for the district, or in case of his disability, refusal to act, or recusation.

D. Sec. 1074, 2034.

Sec. 1181. It shall be the duty of the district attorney pro tempore to attend the regular terms of the parish courts at which criminal cases may be tried, and in the absence of the district attorney, to file information in said courts against all persons accused of crimes in such parishes, which may be cognizable in said courts, and upon filing such informations it shall be the duty of said courts to cause warrants to be issued for the arrest of such accused persons, and to fix the amount of bail bond to

be given by them when arrested, and to take such bonds, or to authorize the sheriff, coroner, or some constable to do so, which bail bonds shall be forfeited, proceeded on, and collected in the same way in the parish courts, when the amount does not exceed five hundred dollars, as bonds taken to appear in the district court.

D. Sec. 1075, 2035.

Sec. 1182. At each term of the parish court at which criminal jurisdiction may be exercised, all accused persons against whom information may have been, or may be filed in the parish courts, and who are under arrest, or who have given bond for their appearance in said courts, and all accused persons in actual custody charged with offenses cognizable before the parish courts, shall appear, if under bond, or be brought by the sheriff or other officer, if in actual custody, before the parish court, and such accused shall, without being required to make any motion, plea or answer to such information, first decide whether they Accused may will waive trial by jury in the case; which decision of the ac- elect to waive cused shall be entered on the minutes of the court; and should he decide not to waive trial by jury, the information, warrant, recognizance, bond, if any, and a copy of his decision, and all the proceedings in the case shall be transferred to the district court for trial; and such accused shall be required to appear in the district court, and there answer the charge, the same as if all the proceedings had been in that court, and he shall be liable to have his bond forfeited and incur all other penalties by his failure to appear and defend the case in the district court, the same as if the proceedings had all been had and commenced in that court.

D. Sec. 1076, 2036.

trial by jury.

jury is waived,

shall have

Sec. 1183. If the person charged with an offense shall decide to waive trial by jury, such decision shall be entered on the min- When trial by utes of the parish court, and the parish court shall then take parish court cognizance of the case and proceed to try and determine the jurisdiction. case. And it shall be the duty of the said district attorney pro tempore, for the parish to represent the State in the absence of the district attorney for the district, and prosecute such accused in the parish court, and to perform all the duties required of the district attorney in such cases.

D. Sec. 1077, 2037.

waived in dis

case may be

court.

Sec. 1184. In all cases of indictment or information originating and filed in the district courts of the several parishes in When jury is this State, except the parish of Orleans, when the penalty is trict court the not necessarily imprisonment at hard labor or death, before the sent to parish accused shall be required to file any motion, plea or other defense, he will be required to decide whether he will waive trial by jury in the case, which decision shall be entered on the minutes of the court, and if the accused shall decide that he waives trial by jury, the district court shall proceed to try the case, and if for any cause the case is not tried during that term of the dis

trict court, then the indictment or information, with the recognizance bond and a copy of all the minutes of the district court in relation to the case and all papers and records in possession of the clerk or any other officer of the district court shall be transferred to the parish court, and the parish court shall take jurisdiction of and try and determine the case according to law; and the district attorney pro tempore shall, in the absence of the district attorney, represent the State in such cases in the parish

court.

D. Sec. 1078, 2038.

Sec. 1185. The district attorney pro tempore, of any parish Forfeited re- shall be authorized to take all legal proceedings to procure the bonds, how to forfeiture of any recognizance bond for the appearance of any

cognizance

obtain judg

ment.

Provided.

District attorneys pro tem.

attorneys.

party accused in the parish court, or any such bond transferred in any criminal case from the district court to the parish court for trial, as is provided for in this act; Provided, the principal of said bond does not exceed five hundred dollars; if so the case in which any bond exceeding in principal five hundred dollars, was pending, or had been tried in the parish court, and the accused had forfeited his bond by his failure to comply with its terms, the bond, with a copy of the orders of the parish court showing the forfeiture of the bond, must be certified and transferred to the district court, which bond and the orders of the parish court shall be legal evidence to be proceeded on in the district court to obtain judgment or forfeiture on such bond, and the same shall be proceeded on in the district court according to law.

D. Sec. 1079, 2039.

Sec. 1186. The district attorneys pro tempore appointed acto act as parish cording to the provisions of this act, shall be the parish attorneys for the parishes for which they are appointed district attorneys pro tempore, and shall represent such parish in any case in which such parish may be interested, and perform such other duties as attorneys for the benefit of such parish as may be required by the police jury; they shall be paid by such parish a salary of not less than one hundred dollars ($100) per annum, and as much more as the police jury may fix, out of the treasury of such parish quarterly, on their own warrant, and the further sum of five per cent. commission on any amount they may recover in any suit in favor of such parish, and a fee of five per cent. on the amount for defending any suit in which such parish is defendant, to be paid by the parish.

pensation.

D. Sec. 1080, 2040, 2761. 24 A. 147.

Sec. 1187. The said district attorney pro tempore for any Fees and com- parish shall be entitled to receive the sum of ten dollars on each criminal prosecution in which the accused shall be convicted in the parish court where he acts as prosecuting attorney, to be taxed with the costs, and whenever the district attorney for the district shall not attend any term of the district court, or when he is recused, and the district attorney pro tempore appointed

by this act to prosecute on behalf of the State or to represent the State in any suit, such district attorney pro tempore shall be paid such amount as may be allowed by the court, to be paid by the auditor of the State out of the salary of the district attorney on the warrant of the judge.

D. Sec. 1081, 2041.

Sec. 1188. The district attorneys pro tempore shall make a written report to the attorney general of the State by the first District attorday of December, each year, stating the number of prosecutions to make a refor crimes in the parish courts of their respective parishes, the port to the atnature of the crimes so prosecuted, the number of convictions, and such other facts as to them may seem important to be communicated to the general assembly.

D. Sec. 1082, 2042.

torney general.

ing registra

nished to pre

Sec. 1189. The registration of the voters of this State shall be closed nine days previous to any general election, and it shall Time of closbe the duty of the supervisors of registration in every parish in tion. this State, to make out and furnish certified copies of the registered voters in each election precinct and polling place of each Copies of regparish, to the commissioners of election in each precinct or is to be furpolling place to be used at the election or elections to be held cincts. therein, and failure of the supervisor to furnish such copies of registered voters, shall subject such delinquent supervisor to a fine of not less than one hundred, nor more than five hundred dollars, to be recovered for the use of the parish in which the failure to perform the duty occurred, to be sued for in the name of the parish; and it shall be the duty of the district attorney District attorpro tempore of such parish to institute any such suit whenever ney pro tem. to any such delinquency shall be brought to his knowledge by any pervisor of member of the police jury or commissioners of the election, who registration ought to have been furnished with the copies aforesaid, or is cy. known to himself, or that he has reasonable cause to believe from other evidence to be true.

D. Sec. 8208. Act 1868, p. 65.

prosecute su

for delinquen

DIVORCE.

Causes for

which divorce

Sec. 1190. No divorce shall be granted unless for the following causes: The husband and wife may reciprocally claim a divorce in case of adultery on the part of the other. Married may be grant-persons may reciprocally claim a separation and divorce, on account of habitual intemperance, excess, cruel treatment or outrages of one of them towards the other, if such habitual intemperance, or such ill treatment is of such a nature as to render their living together insupportable.

ed.

When defend

ant is absent

The condemnation of one of the married persons to an ignominious punishment, shall be for the other sufficient cause of divorce. A divorce may be equally claimed on the part of the husband and wife, when either shall abandon the other for the space of five years, and when he or she shall have been summoned to return to the common dwelling, as is now provided for in cases for separation from bed and board, within one year prior to the application of such divorce.

Whenever the husband or wife has been charged with an infamous offense, and shall actually have fled from justice, the husband or wife of such fugitive may claim a divorce, on producing proofs to the judge before whom the action for divorce is brought, that his or her husband or wife, has actually been guilty of such infamous offense, and has fled from justice, and in such case it shall not be necessary to obtain a separation from bed and board.

When the defendant is absent, or incapable of acting, from an attorney to any cause, an attorney shall be appointed to represent him, be appointed. against whom contradictorily the suit shall be prosecuted.

C. C. 189, 141. Act 1855, p. 376.