When trial by jury is waived, Parish Court shall have juris diction. When jury is waived in Dis trict Court the to Parish Court. 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. SEC. 1183. If the person charged with an offense shall decide to waive trial by jury, such decision shall be entered on the minutes of the Parish Court, and the Parish Court shall then take cognizance of the case and proceed to try and determine the 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. SEC. 1184. In all cases of indictment or information originating and filed in the District Courts of the several parishes in this State, except the parish of Orleans, when the penalty is not necessarily case may be sent imprisonment at hard labor or death, before the 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 District 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. Forfeited recog how to obtain judgment. SEC. 1185. The district attorney pro tempore, of any parish shall be authorized to take all legal proceedings to procure the forfeiture nizance bonds, of any recognizance bond for the appearance of any 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. District attorneys pro tem, act as parish attorneys. SEC. 1186. The district attorneys pro tempore appointed according to the provisions of this act, shall be the parish attorneys for the to 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. SEC. 1187. The said district attorney pro tempore for any parish shall be entitled to receive the sum of ten dollars on each criminal Fees and com. pensation. 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. neys pro tem. to SEC. 1188. The district attorneys pro tempore shall make a written report to the Attorney General of the State by the first day of District attor December, each year, stating the number of prosecutions for crimes make a report in the Parish Courts of their respective parishes, the nature of the to the Attorney crimes so prosecuted, the number of convictions, and such other facts as to them may seem important to be communicated to the General Assembly. General, registration. SEC. 1189. The registration of the voters of this State shall be closed nine days previous to any general election, and it shall be the 1868-65. duty of the supervisors of registration in every parish in this State Time of closing to make out and furnish certified copies of the registered voters in each election precinct and polling place of each parish, to the Copies of regis commissioners of election in each precinct or polling place, to be wished to pre used at the election or elections to be held therein, and failure of cincts. 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 pro tempore of such parish to institute any such suit whenever any such delinquency shall be ney pro tem. to brought to his knowledge by any member of the police jury or pervisor of regcommissioners of the election, who ought to have been furnished istration for dewith the copies aforesaid, or is known to himself, or that he has reasonable cause to believe from other evidence to be true. District attor prosecute su linquency. 1855-376. 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 persons may may be granted. 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. When defendant 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 any is absent an at cause, an attorney shall be appointed to represent him, against whom contradictorily the suit shall be prosecuted. torney to be appointed. SEC. 1191. No witness in a suit for divorce shall be declared inCompetency of competent, on account of his being allied or related to either the plaintiff or defendant. witnesses. 1857-137. vorces may be granted in certain cases. SEC. 1192. Except in the cases where the husband or wife may have been sentenced to an infamous punishment or convicted of Time when di- adultery, no divorce shall be granted, unless a judgment of separation from bed and board shall have been rendered between the parties, and one year shall have expired from the date of the judgment of separation from bed and board, and no reconciliation 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. 1855-376. SEC. 1193. The exception to an action of divorce shall be the same Exception to an as those to the action of separation from bed and board, established by the articles 149 and 150 of the Civil Code. action of di vorce. SEC. 1194. The action for divorce shall be accompanied with the Provisional pro- same provisional proceedings to which a suit for separation from bed and board may give rise, and agreeably to the articles 144, 145, 146, 147 and 148 of the Civil Code. ceedings re quired. vorce. SEC. 1195. The effects of a divorce shall not only be the same as are determined in the case of a separation from bed and board, by Effects of a dithe 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. SEC. 1196. If the wife, who has obtained the divorce, has not sufficient means for her maintenance, the court may allow her, in its Alimony. discretion, out of the property of her husband, 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. mony with ac SEC. 1197. In case of divorce, on account of adultery, the guilty Penalty for conparty can never contract matrimony with his or her accomplice in tracting matriadultery, under the penalty of being considered and prosecuted as complice in guilty of the crime of bigamy, and under the penalty of nullity of adultery. the new marriage. ried women in SEC. 1198. Whenever a marriage shall have been contracted in this State, and the husband, after such marriage, shall remove or 1855-9. shall have removed to a foreign country with his said wife, if said Privileges husband shall behave or have behaved towards his wife in said granted to marforeign country in such a manner as would entitle her, under our certain cases. laws, to demand a separation of bed, board, or separation 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 an attorney shall be appointed by Power of the the court to represent the absent defendant; the plaintiff shall be court to appoint entitled to all the remedies and conservatory measures granted by represent the law to married women, and the judgment shall have force and effect absent husband. in the same manner as if the parties had never left the State. an attorney to Jurisdiction of SEC. 1199. Suits for separation from bed and board and divorce, where there is no moneyed demand exceeding five hundred dollars 1868–60. set up by the plaintiffs, and suits for interdiction, may be brought separation and in the Parish Courts, and parish judges may act in the emancipa- divorce. tion of minors. SEC. 1200. Article one hundred and five shall be amended so as 1826-166. to make the English correspond with the French text, by inserting Art. 105, C. P., after the words "bed and board," the words, "or for the separation amendment. of property." DOGS. citizens of the SEC. 1201. From and after the passage of this act, all dogs 1858-148. owned by citizens of this State shall be, and are hereby declared to Dogs owned by be personal property of such citizens, and shall be placed on the State declared same guarantees of law as all other effects and property now legally erty. declared to be personal property. personal prop 1855-331. Residence not sence on busi Cases in which parties may be sued ...1203 Sureties on bail bonds, residing out of the parish, may, in certain cases, be received..............1207 Bond, how taken in such cases....1208 SEC. 1202. Residence once acquired shall not be forfeited by forfeited by ab- absence on business of the State or of the United States, but a voluntary absence from the State of two years, or the acquisition of United States or residence in any other State of this Union, or elsewhere, shall forfeit Residence, how a residence within this State. ness of the of the State. forfeited. 1858-14. Cases in which parties may be sued in parishes domicile. other than their 1861-137. General rule in SEC. 1203. In addition to the cases already provided for by 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. 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 Art. 162, C. P. jurisdiction over the place where he has his domicile or residence, regard to domi- 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. cile. 1857-61. SEC. 1205. Every corporation organized, or which may hereafter be organized under and by virtue of any law of this State, shall establish their establish its domicile at some place within the State of Louisiana, and not elsewhere. Corporations to domicile in Louisiana. tions, etc., to be SEC. 1206. Every such corporation shall, from and after the Meetings, elec- passage of this act, hold all its meetings for the transaction of busiheld at the place ness appertaining to its corporate purposes or capacity, whether of its stockholders at large, for election of officers, or other purposes, or of its directors, managers, trustees, or other officers charged with the direction of its affairs, at the place of domicile of said corpora of domicile, under pain of nullity. |