R. S. 140-1145 That he shall receive only one fee or commission in each case, and that he shall not be paid his fee or commission until the sentence or judgment has become final on appeal or otherwise. For the examination as to the legality of acts of incorporation submitted to him for investigation under the provisions of See. 677 of the Revised Statutes, five dollars to be paid by the person or persons requiring said services. SEC. 2. That this act shall take effect from and after its passage, and that all laws or parts of laws in conflict with this act, be and the same are hereby repealed. Act 29, 1890, p. 24, is superseded by this act. Act 41, 1884, p. 47, as amended by Act 135, 1890, p. 176, directs the Council of the city of New Orleans to budget annually the amount necessary to pay the fees of the District Attorney, and to pay the fees monthly, whenever there are funds to the credit of the appropriation. 1140. Election and term of office. Superseded by Const., Arts. 125, 148. [Conduct of Elections.] 1141. The elections shall be conducted and regulated and the returns thereof made in conformity with the laws regulating elections in this State. 1142. Vacancy, how filled. Superseded by Const., Arts. 125, 148. 1143. Attendance on Courts, etc. Superseded by Act 96, 1880, Sec. 1, printed supra, this title. [Other Duties-Reports.] 1144. It shall be their duty to pursue, on behalf of the State, such legal measures as they may deem expedient for the recovery of all claims of the State, the recovery of which is not otherwise provided for, and to report their proceedings annually to the Auditor before the meeting of the Legislature. [Commissions on Collections.] 1145. They shall be allowed a compensation of five per cent. on all amounts by them recovered and paid to the State, in cases not otherwise provided by law. Act 96, 1880, Sec. 5, printed supra this title, p. 592. R. S. 1146-1149 [Fees in Criminal Cases.] 1146. The Attorney General and District Attorney shall be entitled to receive the sum of fifteen dollars on each criminal prosecution in which the accused shall be convicted, to be taxed with the costs. This section is repealed by Act 29, 1890, Sec. 2, p. 24, in so far as it relates to parish of Orleans. Act 96, 1880, Sec. 3, printed supra this title, p. 592. [Report to Attorney General.] 1147. It shall be the duty of all the District Attorneys in this State, on or before the first of December in each year, to take a written report to the Attorney General, setting forth the number of persons prosecuted in the several parishes within their respective districts, the number of convictions, the nature of the crimes and offenses for which prosecutions were instituted, and also the nature of the crimes and offenses the prosecutions of which resulted in convictions; also the number of acquittals, and also the causes of all acquittals which have resulted from a defect of legislation or imperfect legislation, accompanied by such observations on the criminal jurisprudence of the State, as their experience shall warrant and require; and any district attorney who shall fail or neglect to make such report shall forfeit the sum of one hundred dollars, to be deducted from his salary. [Report of Cases on Appeal.] 1148. It shall be the duty of each District Attorney in the State, in all cases, civil and criminal, in which the State is concerned, and wherein appeals have been taken, to immediately report in writing to the Attorney General, and when such appeals are returnable to the appellate court sitting at places other than the city of New Orleans, to the proper District Attorney at such place, that such appeals have been taken, and the time when they are returnable, and shall prepare a brief, in such case, and forward to the Attorney General, or District Attorney, as the case may be, who shall revise the same for use in the appellate court (as amended by Act 101, 1884, p. 128). 1149. Commissions when employed by Auditor, etc. Repealed Act 10, E. S. 1877, Sec. 7, p. 13. Act 21, 1872, p. 61. R. S. 1150-1177 1150 to 1162. Relate to usurpations, intrusions intɔ, and unlawful holding of offices. "Actions against persons acting" as a corporation without being duly incorporated, etc. See Sec. 2593 to 2605. 1163. Duty to prosecute persons discharging laborers on account of their political opinions. See Sec. 902. 1164 to 1166. etc. Relate to examination of acts of incorporation, See Secs. 697 to 699. 1167. Attorney General or District Attorney to make inquiry when informed that a crime or misdemeanor has been committed. See Sec. 1018. 1168. Judgments on forfeited bonds and recognizances, how and where obtained, how rendered and how set aside. See Sec. 1032. 1169. Commissions on forfeited bonds, recognizances and fines. See Sec. 1044. 1170. Penalty imposed on president of police jury for neglecting his duties. See Sec. 2741. 1171. Duty of District Attorneys and District Attorneys pro tem. in cancellation of sales of school lands. See Sec. 2965. 1172. Venue in criminal cases. Repealed. Act 95, 1876, Sec. 2, p. 151. 1173. Certain fines and penalties to inure to benefit of school district in which they are incurred. See Sec. 1282. 1174. Duty of Attorney General or District Attorney or District Attorney pro tem. to sue for licenses of certain persons who, until licenses are paid, are prohibited from exercising their profession, or from collecting claims for services, etc. See Sec. 3235. 1175-1176. Duty of District Attorneys, District Attorneys pro tem. and Auditor, relative to the failure of collectors to make settlements. Fees for such services. See Secs. 3308, 3309. 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. Duty of Court. Penalties, etc. See Sec. 1086. R. S. 1178--Act 74, 1886 DISTRICT ATTORNEYS PRO TEMPORE. 1178-1179. Appointment by police jury, and term of office, etc. Repealed by Act 44, 1874, p. 81. 1180-1188. Duties of District Attorney pro tem. before parish courts, etc. Trial of accused persons before said court, where they waive jury, etc. These sections are repealed by Const., Art. 124, 1879, directing that "there shall be no parish attorney or district attorney pro tem." (Const., 1898, is silent on the subject-Art. 125), and the elimination of the parish. court from the judiciary system. 1189. Time of closing registration of voters, etc., superseded by Act 89, 1896, printed under title "Registration." WHEN DISTRICT JUDGES MAY APPOINT ATTORNEYS TO REPRESENT STATE. Act 74, 1886, p. 113. AN ACT authorizing the District Judges throughout the State to appoint attorneys to represent the State in civil and criminal matters, when the district attorney from any cause can not or will not act. SECTION 1. That District Judges throughout the State, be and are hereby authorized and empowered to appoint a competent attorney to represent the State in criminal and civil matters pending before their courts, when, from any cause, the district attorney is recused, necessarily absent or sick; provided, the compensation for services rendered in such cases shall not exceed the fees now allowed by law to district attorneys for similar services, and said compensation shall come out of the fees which would otherwise go to the district attorney for such services. This act does not violate Constitution, Art. 124, State vs. Johnson, 41 An. 1076; and the appointment of an attorney under the act authorizes and requires him to discharge all the duties imposed by law on the District Attorney. State vs. Montgomery, 41 An. 1087. The authority of the attorney so appointed is not restricted to the cases already on file, he may also frame, sign and file indictments or informations not on the docket at the time he was appointed, nor need he take an oath in each case. State vs. Montgomery, 41 An. 1087; see also State vs. Richard, 42 An. 83. He may sign an indictment as acting District Attorney without any additional statement "by appointment of the court" or words to that effect. State vs. Fontenot, 48 An. 283. "Necessarily absent," as used in the statute, means absent from the court, not from the parish, and the court may appoint an attorney to represent the State when the District Attorney is absent from the courthouse, because of the extreme illness of the District Attorney's grandchild. The attorney appointed may complete the trial, though, pending it, the District Attorney make his appearance in court. State vs. Smith, 107 La. 129. R. S. 1190-1192 DIVORCE. [Causes for Divorce and Separation.] 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 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. 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 of 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 cause, an attorney shall be appointed to represent him, against whom contradictorily the suit shall be prosecuted (Act 307, 1855, p. 376). R. C. C., Arts. 138, 139, 141; Act 122, E. S. 1877, p. 122, amends R. C. C., Art. 139, and repeals all laws conflicting with it. [Competency of Witnesses.] 1191. No witness in a suit for divorce shall be declared incompetent, on account of his being allied or related to either the plaintiff or defendant. 1192. When divorce may be granted, included in R. C. C., Art. 139. |