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, [in] 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. 53. [SEC. 1186.] The District Attorneys pro tempore, appointed according 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. District Attor to act as parish neys pro tem. attorneys. 54. [SEC. 1187.] The said District Attorney pro tempore for any parish shall be entitled to receive the sum of ten dollars on each Fees and comcriminal prosecution in which the accused shall be convicted in the pensation. 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. 55. [SEC. 1188.] The District Attorneys pro tempore shall make a written report to the Attorney General of the State by the first day of December, each year, stating the number of prosecutions for crimes in the Parish Courts of their respective parishes, the nature of the crimes so prosecuted, the number of convictions, and such District Attor neys pro tem, to to the Attorney General. 1870-132. Duties of Dis pro tem. rela tive to delin quent Supervi tration. other facts as to them may seem important to be communicated to the General Assembly. 56. SEC. 25.] The registration of the voters of this State shall be closed nine days previous to any election; and it shall be the duty trict Attorneys of the Supervisor of Registration, in every parish in this State, to make out and furnish certified copies of the lists of the registered sors of Regis voters, provided for in section eighteen, to the Commissioners of election of each precinct or polling place, to be used at the election or elections, to be held therein, and failure of the Supervisor of Registration to furnish such copies of the lists of registered voters before the hour of opening the polls, shall subject such delinquent Supervisors of Registration 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 suit, whenever any such delinquency shall be brought to his knowledge by any Commissioner of the election, or when it is known to himself. 57. [SEC. 1.] It shall be the duty of the Clerks of the District Courts of the several parishes in the State to make out an abstract of Duty of District the inventory of the property of all minors whose tutors have not been 1870-107. Attorney pro tem relative to recovery o. fees required by law to give bond for their tutorship; such abstract to. for recording abstracts of minors' property. describe the real property and give the full amount of the appraisement of all the property, both real and personal, and rights and credits, and to deposit such abstracts with the Recorders of the several parishes, whose duty it shall be to record the same as soon as received, in the mortgage book of their parish, such abstracts to be made out and deposited with the Recorders by the first day of December, eighteen hundred and sixty-nine, and recorded by the first day of January eighteen hundred and seventy. This section to apply only to tutorship granted before the passage of this act, and any failure of the Clerks or Recorders to perform the services required by this section shall subject them to any damages that such failure may cause any person, and shall further subject them to a fine of not less than one hundred, nor more than one thousand dollars, for the benefit of the public school fund, to be recovered by the District Attorney, or District Attorney pro tempore, before any court of competent jurisdiction; such abstracts, when recorded in any parish in which the tutor owns mortgageable property, shall constitute a mortgage on the said tutor's property until the final settlement and discharge of the tutor. The fees for making out and recording such abstracts shall be the same as the fees prescribed for the Clerks and Recorders for other similar services, and shall be paid on demand by the respective parishes in which such services were performed; and the parishes shall have recourse against the person or property for whose benefit the services were performed; and immediately after the payment of such fees by the parish, the District Attorney pro tempore shall proceed to collect such fees from the tutor, or, if the minors have arrived at the age of majority, from the minors, and if no responsible person can be found, to pay the same, then any property owned by the minors, for whose benefit such services were performed, shall be sold to pay the same, and the statement of the Clerk or Recorder shall be sufficient evidence to entitle the parish to judgment in any suit for such fees. 1855-278. per sation of District Attor ney or District Attorney pro 58. [SEC. 2476.] The District Attorney of each judicial district, or the District Attorney pro tempore, of any parish, shall, upon being informed by affidavit or otherwise of any violation of this act, pro- tem relative to ceed by information and other legal proceedings to have the forfeiture nea. catile. of such neat cattle determined, and for which the District Attorney CATTLE AND shall be entitled to one-fourth of the said forfeiture. forfeiture of See NEAT HOGS. ART. 113. The General Assembly may enact general laws regulating the adoption of children, emancipation of minors, and the Adoption. granting of divorces; but no special law shall be passed relating to Divorce. particular or individual cases. Emancipation. 1870-108. 1. [SEC. 1.] Married persons may reciprocally claim a divorce on account of excesses, habitual intemperance, cruel treatment, and any such misconduct repugnant to the marriage covenant as perma- Amendment to nently destroys the happiness of the petitioner, or of outrages of Art. 138 C. C. = one of them towards the other, if such outrages or ill treatments persons may reciprocally be of such a nature as to render their living together insupportable. claim a divorce. When married 1855-376. Ignominious abandonment for five years 2. [SEC. 1100.] A divorce may be equally claimed on the part of the husband and wife, when either shall abandon the other for punishment and 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. cause of divorce 1868-60. Jurisdiction of 3. [SEC. 1199.] Suits for separation from bed and board and divorce, where there is no moneyed demand exceeding five hundred separation and 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. DOGS. 1858-148. 1. [SEC. 1201.] All 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 all other effects personal prof- and property now legally declared to be personal property. Dogs owned by citizens of the State declared erty. 1858-14. Cases in which parties may be sued in parishes domicile. other than their 1. [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. Corporations to 2. [SEC. 1205.] Every corporation organized, or which may 1857-61. hereafter be organized under and by virtue of any law of this State, establish their shall establish its domicile at some place within the State of Louisi- domicile in ana, and not elsewhere. Louisiana. tions, etc., to be of domicile, under pain of nulity. 3. [SEC. 1206.] Every such corporation shall hold all its meetings for the transaction of business appertaining to its corporate Meetings, elecpurposes or capacity, whether of its stockholders at large, for elec- held at the place tion 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 corporation, and any such meeting held elsewhere, and any business transacted at any meeting held elsewhere, shall be unlawful and of no effect. Sureties on bail out of the par 4. [SEC. 1207.] Whenever a citizen of this State shall be 1855–151. arrested or confined out of the parish or district of his domicile, on bond, residing the charge of having committed any bailable offense, the Magistrate ish, may in cermay admit him to bail on the bond of sureties residing in the same ceived. parish or judicial district as the accused. tain cases be re taken in such 5. [SEC. 1208.] In such cases the bail bond shall be signed and executed by the sureties before a competent Magistrate of the parish Bond, how or district in which they reside, who shall certify the sufficiency of cases. 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. |