Competency of

Sec. 1191. No witness in a suit for divorce shall be declared incompetent, on account of his being allied or related to either witnesses. the plaintiff or defendant.

C. C. 2281 (2260); D. Sec. 3961.

Sec. 1192. Except in the cases where the husband or wife may have been sentenced to an infamous punishment or convicted of adultery, no divorce shall be granted, unless a judgment of separation from bed and board shall have been rendered between Time when dithe parties, and one year shall have expired from the date of vorces may be the judgment of separation from bed and board, and no reconcilia- tain cases. tion shall have taken place; in the cases excepted above, a judgment of divorce may be granted in the same decree which pronounced the separation of bed and board.

C. C. 138, 139; 24 A. 77; 25 A. 208. Act 1857, p. 137.

granted in cer

an action of di

Sec. 1193. The exception to an action of divorce shall be Exception to the same as those to the action of separation from bed and board, established by the articles 149 and 150 of the Civil Code.

C. C. 154. Act 1855, p. 376.

vorce.

Sec. 1194. The action for divorce shall be accompanied with the same provisional proceedings to which a suit for separation Provisional from bed and board may give rise, and agreeably to the articles required. 144, 145, 146, 147 and 148 of the Civil Code.

C. C. 151.

proceedings

Sec. 1195. The effects of a divorce shall not only be the Effects of a disame as are determined in the case of a separation from bed and vorce. board, by the articles 152, 153, and 154 of the Civil Code, but it shall also dissolve forever the bonds of matrimony between the parties, and place them in the same situation with respect to each other as if no marriage had ever been contracted between them.

C. C. 159.

Sec. 1196. If the wife, who has obtained the divorce, has not sufficient means for her maintenance, the court may allow her, in its discretion, out of the property of her husband, alimony, Alimony. which shall not exceed one-third of his income.

This alimony shall be revocable, in case it should become unnecessary, and in case the wife should contract a second marriage.

C. C. 160.

contracting

Sec. 1197. In case of divorce, on account of adultery, the Penalty for guilty party can never contract matrimony with his or her ac- matrimony complice in adultery, under the penalty of being considered and with accomprosecuted as guilty of the crime of bigamy, and under the pen- tery. alty of nullity of the new marriage.

C. C. 161.

Sec. 1198. Whenever a marriage shall have been contracted in this State, and the husband, after such marriage, shall remove or shall have removed to a foreign country with his said wife, if

plice in adul

Privileges granted to

cases.

said husband shall behave or have behaved towards his wife in married wom- said foreign country in such a manner as would entitle her, unen in certain der our laws, to demand a separation of bed, board, or separa tion of property, it shall be lawful for her, on returning to the domicile where her marriage was contracted, to institute a suit there against her said husband for the purposes above mentioned, in the same manner as if they were still domiciliated in said place, any law to the contrary notwithstanding. In such cases Power of the an attorney shall be appointed by the court to represent the abpoint an attor- sent defendant; the plaintiff shall be entitled to all the remsent the absent edies and conservatory measures granted by law to married husband. women, and the judgment shall have force and effect in the same manner as if the parties had never left the State.

court to ap

ney to

C. C. 142; D. Sec. 1719. Act 1855, p. 9.

Sec. 1199. Suits for separation from bed and board and Jurisdiction of divorce, where there is no moneyed demand exceeding five hun separation and dred dollars set up by the plaintiffs, and suits for interdiction, may be brought in the parish courts, and parish judges may act in the emancipation of minors.

divorce.

Amendment.

D. Sec. 2022. Act 1868, p. 60.

Sec. 1200. Article one hundred and five shall be amended so as to make the English correspond with the French text, by inserting after the words "bed and board," the words, "or for the separation of property."

C. P. 106. Act 1826, p. 166.

11

DOGS.

State declared

Sec. 1201. From and after the passage of this act, all dogs Dogs owned by owned by citizens of this State shall be, and are hereby declared citizens of the to be personal property of such citizens, and shall be placed on personal propthe same guarantees of law as all other effects and property now legally declared to be personal property. Act 1858, p. 148.

erty.

DOMICILE.

Residence not forfeited by

absence on

Sec. 1202. Residence once acquired shall not be forfeited by absence on business of the State or of the United States, but a business of the voluntary absence from the State of two years, or the acquisi or of the State. tion of residence in any other State of this Union, or elsewhere, how forfeited. shall forfeit a residence within this State.

United States

Residence,

parties may be sued in par

ishes other

than their domicile.

C. C. 46; D. Sec. 411. Act 1855, p. 331. (Not residence, but domicile.) Sec. 1203. In addition to the cases already provided for by Cases in which law, a party or parties may be cited in another parish than that of his or their domicile: First, in action of trespass on real estate; second, in all matters relating to real servitudes, be they natural or conventional; and the judge of the place where the property is situated shall have cognizance of the case, and it shall be lawful for him to order that the parties residing out of his district shall be cited before him to answer the said suit, and it shall be the duty of the sheriffs of the several parishes of this State to serve the citations which shall be addressed to them by other judges than those of their districts respectively, and to make their return thereof to the court from whom such process has issued; and the parties thus cited shall have to answer to the said suit, within the same delays which are granted to the defendants residing in several places of the State, by the provisions contained under the head of petitions and citations, in the Code of Practice.

General rule

in regard to domicile.

C. P. 162. Act 1858, p. 14.

Sec. 1204. It is a general rule in civil matters that one must be sued before his own judge, that is to say, before the judge having jurisdiction over the place where he has his domicile or residence, and shall not be permitted to elect any other domicile

or residence for the purpose of being sued, but this rule is subject to those exceptions expressly provided for by law.

C. P. 162. Act 1861, p. 137.

to establish

Sec. 1205. Every corporation organized, or which may here- Corporations after be organized under and by virtue of any law of this State, their domicile shall establish its domicile at some place within the State of in Louisiana. Louisiana, and not elsewhere.

C. C. 433 (424); D. Sec. 740. Act 1857, p. 61.

elections, etc.,

the place of

Sec. 1206. Every such corporation shall, from and after the passage of this act, hold all its meetings for the transaction of Meetings, business appertaining to its corporate purposes or capacity, to be held at whether of its stockholders at large, for election of officers, or domicile, unother purposes, or of its directors, managers, trustees, or other der pain of nullity. officers charged with the direction of its affairs, at the place of domicile of said corporation, and any such meeting held elsewhere, and any business transacted at any meeting held elsewhere, shall be inlawful and of no effect.

D. Sec. 741.

bail bonds, re

Sec. 1207. Whenever a citizen of this State shall be arrested sureties on or confined out of the parish or district of his domicile, on the siding out of charge of having committed any bailable offense, the magistrate the parish, may admit him to bail on the bond of sureties residing in the cases be resame parish or judicial district as the accused.

may in certain

ceived.

cases.

C. C. 306 (3033); D. Sec. 1011, 2059. Act 1855, p. 151. Sec. 1208. In such cases the bail bond shall be signed and Bond, how executed by the sureties before a competent magistrate of the taken in such parish or district in which they reside, who shall certify the sufficiency of the bail at the foot of the bond. It shall be made returnable to the court before which the accused is ordered to appear for trial, and all proceedings thereon shall be had in the

same court.

C. C. 3042 (8011), 8064 (3033); D. Sec. 1012, 2060.