SEC. 1163. (Duty to prosecute persons discharging laborers on account of their political opinions.) See D. 902. Act 1868, p. 64. SEC. 1164. (District attorney to examine acts of incorporation and endorse thereon his opinion of their legality.) See D. 677. Act 1855, p. 185. SEC. 1165. (Mode of proceeding in case of his refusal to approve.) See D. 678. SEC. 1166. (Duty in relation to proposed amendments to acts of incorportion.) See D. 679. SEC. 1167. (Attorney-general or district attorney to make inquiry when informed that a crime or misdemeaner has been committed.) See D. 1018. D. sec. 134, 2066; Act 1855, p. 151. SEC. 1168. (Judgments on forfeited bonds and recognizances-how rendered; how set aside.) See D. 1032. D. sec. 1509; Act 1855, p. 151. SEC. 1169. (Forfeited bonds, recognizances and fines.) See D. 1044. D. sec. 1519; Act 1855, p. 162. SEC. 1170. (Penalty for president neglecting his duty.) See D. 2741, Act 1818, p. 72, sec. 3. SEC. 1171. (Duty of district attorneys and district attorneys pro tem. in cancellation of sales of school lands.) See D. 2965. D. sec. 1322, 3396; Act 1866, p. 156; Act 1877, p. 8, No. 5. SEC. 1172. (Venue in criminal cases.) See D. 1021. D. sec. 1964, 3891; Act 1868, p. 182; Act 1876, No. 95. SEC. 1173. (Daty of district attorneys relative to violations of the law by school officers.). See D. 1045. D. sec. 1282, 1518; Act 1869, p. 175; Act 1877, Ex. S., p. 23, No. 23. SEC. 1174. (Duty of district attorney or attorney-general in regard to license.) See D. 3235. D. sec. 1972, 2683; Act 1869, p. 140. SEC. 1175. (Duty of district attorneys and district attorneys pro tem. relative to the failure of collectors to make their settlements.) See D. 3308. D. sec. 255. SEC. 1176. (Fees of attorney.) See D. 3309. D. sec. 256. SEC. 1177. (District attorney or district attorney pro tem. to file in court statement of neglect of sheriffs, deputy sheriffs, coroners or constables to make arrests. Penalty for such neglect.) See D. 1086. D. sec. 1637, 3592; Act 1868, p. 161; 29 A. 705. DISTRICT ATTTORNEY PRO TEMPORE. SEC. 1178. (Police jury of each parish to appoint a district attorney pro tem.) Repealed. D. sec. 1072, 2032, 2760; Act 1863, p. 156; Act 1874, No. 44; State ex rel. vs. Parlange, 25 A. R, p. 548; 30 A. 657. [No. 44. An act to repeal sections 1178, 1179, 2760, 2761, of Ray's revised statutes, and for other purposes. SEC. 1. Be it enacted by the senate and house of representatives of the State of Louisiana 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 contiuue for and until an appointment is made by the governor. SEC. 3. Be it further enacted, etc., That the district attorneys pro tempore appointed according 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 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 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, ctc., That this act shall take effect and be in full force from and after its passage. Approved March 9, 1874. 30 A. 657. SEC. 1179. (Term of office.) Repealed. D. sec. 1073, 2033; Act 1874, No. 44; 30 A. 657. [Repealed by No. 44-an act to repeal sections 1178, 1179, 2760, 2761 of Ray's revised statutes, and for other purposes. See section above.] Approved March 9, 1-74. SEC. 1180. (Duties of district attorneys pro tem.) Repealed. SEC. 1181. (Conducting prosecutions in criminal cases.) Repealed. SEC. 1182. (Accused may elect to waive trial by jury.) See D. 1076. D. sec. 2036; Act 1877, Ex. S., p. 63, No. 38. SEC. 1183. (When trial by jury is waived.) See D. 1077. D. sec. 2037. SEC. 1184. (When jury is waived in district court.) See D. 1078. D. sec. 2038. SEC. 1185. (Forfeited recognizance bonds; how to obtain judgment.) Repealed. Act 1880, p. 122, No. 96; D. sec. 1079, 1178, 2039. SEC. 1183. (District attorneys pro tem. to act as parish attorneys.) Repealed. Act 1882, p. 122, No. 96; D. sec. 1080, 1172, 2040, 2761; 24 A. 147; Act 1874, No. 44. SEC. 1187. (Fees and compensation.) Repealed. Act 1880, p. 122, No. 96 ; D. sec. 1081, 1178, 2041. SEC. 1188. (District attorneys pro tem. to make a report to the attorney-general.) Repealed. Act 1880, p. 122, No. 96; D. sec. 1052, 1178, 2042. SEC. 1189. (Registration.) Repealed. Act 1877, Ex. S., p. 168, No. 101; Act 1868, p. 65; Act Ex. S. 1877, p. 28- 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 persons may remay be granted ciprocally 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. 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 offence, 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 offence, 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 When defendabsent or incapable of acting, from any cause, an attorney shall be attorney to be appointed. appointed to represent him, against whom contradictorily the suit shall be prosecuted. C. C. 139, 141; Act 1855, p. 376; Act 1877, Ex. S., p. 192, No. 122. ant is absent an SEC. 1191. No witness in a suit for divorce shall be declared incom- Competency of witnesses, petent on account of his being allied or related to either the plaintiff or defendant. C. C. 2281 (2260); D. sec. 3961. tain cases. 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 separa- Time when dition from bed and board shall have been rendered between the par- granted in cervorces may be ties, 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. C. C. 138, 139; 21 A. 77; 25 A. 208; Act 1857, p. 137; Act 1877, Ex. S., p. 192, No. 122. action of divorce. 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 articles 149 and 150 of the civil code. C. C. 154; Act 1855, p. 376. Provisional proceedings SEC. 1194. The action for divorce shall be accompanied with the same provisional proceedings to which a suit for separation from bed and board may give rise, and agreeably to articles 144, 145, 146, 147 required. and 148 of the civil code. C. C. 151. divorce. 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 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 dis- Alimony. cretion, out of the property of her husband, alimony, which shall not Penalty for con. tracting matrimony with accomplice in adultery. Privileges granted to mar. certain cases. 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. SEC. 1197. In case of divorce on account of adultery the guilty party can never contract matrimony with his or her accomplice in adultery, under the penalty of being considered and prosecuted as guilty of the crime of bigamy, and under the penalty of nullity of the new marriage. C. C. 161; D. 800. SEC. 1198. Whenever a marriage shall have been contracted in this State, and the husband, after such marriage, shall remove or shall ried women in have removed to a foreign country with his said wife, if said husband shall behave or have behaved towards his wife in said foreign country in such a manner as would entitle her, under our 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 the court to represent the absent defendant; the plaintiff shall be entitled to all the remedies and conservatory measures granted by law to married women, and the judgment shall have force and effect in the same manner as if the parties had never left the State. Power of the court to appoint an attorney to represent the absent husband Amendment. C. C. 142, 2437; D. sec. 1719; Act 1855, p. 9. SEC. 1199. (Jurisdiction of separation and divorce.) Repealed. 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." D. 517; C. P. 105; Act 1826, p. 166. DOGS. Personal property. SEC. 1201. Dogs owned by citizens of this State shall be and are hereby declared to be personal property of such citizens, and shall be placed on the same guarantees of law as other personal property; provided, such dogs are given by the owner thereof to the assessor. |