waive jury, etc. These sections are repealed by Const., Art. 124, directing that "there shall be no parish attorney or District Attorney pro tem., and the elimination of the parish court from the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 Time of closing registration of voters, etc., superseded by Act 89, 1896, printed under title "Registration."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 atto rneys 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.

DIVORCE.

1190. Causes for Divorce and Separation.-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.

1191. Competency of Witnesses.-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.

1193. Exceptions to an action for divorce shall be the same as those established by C. C., Arts. 149 (152) and 150 (153) to actions for separation from bed and board. See R. C. C., Art. 154.

1194. Provisional Proceedings Required. 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 the articles 144, 145, 146, 147 and 148 of the Civil Code.

1195. Effect of Divorce.-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 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.

1196. Alimony. See R. C. C., Art. 160.

1197. Guilty party in divorce granted for adultery can not marry paramour. Penalty. See R. C. C., Art. 161.

1198. Where the marriage is performed in this State, and parties remove to a foreign country, the wife may in returning obtain divorce or separation at the domicile where the marriage was contracted, for acts committed in such foreign country. See R. C. C. 142.

1199. Jurisdiction conferred on parish courts; inoperative

Parish courts are not part of Judiciary system under Constitution of 1879.

1200. Amendment of C. P., Art. 105, now included in article. See C. P. Art. 105.

DOGS.

1201. Declared personal property.

Act 107, 1882, p. 160.

AN ACT to amend and re-enact Section (1201) twelve hundred and one of the Revised Statutes of Louisiana, with reference to property in dogs.

SECTION 1. That Section (1201) twelve hundred and one of the Revised Statutes of Louisiana, be amended and re-enacted so as to read as follows: From and after the passage of this act dogs owned by citizens of this State, 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 in by the owner thereof to the Assessor.

SEC. 2. That no dog shall be entitled to the protection of the law unless the same shall have been placed upon the assessment rolls.

SEC. 3. That in civil actions for the killing of or for injuries done to dogs, the owner can not recover beyond the amount of the value of such dog or dogs, as fixed by himself in the last assessment preceding the killing or injuries complained of.

SEC. 4. That all laws in conflict with this act be repealed.

Are Secs. 2 and 3 within Const., Art. 29? See Arts. 113 and 114, Const. 1868, and State ex rel. Farrar vs. Garret, 29 An. 638.

Sec. 1201 is within the police power of the state. Property in dogs is of an imperfect or qualified nature, and it is within the discretion of the legislature to say how far they shall be recognized as property, and under what restrictions they shall be permitted to roam the streets. Even if they were property in the fullest sense, they would still be subject to the police power of the state, and might be destroyed or otherwise dealt with, as the legislature may determine to be necessary for the protection of its citizens. Sentell vs. New Orleans & C. R. Co., 166 U. S. 698.

DOMICILE.

1202. Residence, How Forfeited-Exceptions.-Residence once acquired shall not be forfeited by 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 residence in any other State of this Union or elsewhere, shall forfeit a residence within this State (Act 268, 1855, p. 331).

Sec. 411, R. C. C., Art. 46; C. P., Arts. 166, 167, 168; Suc. of Steers, 47 An.

1203. Cases in Which Parties May Be Sued in Parishes Other Than Their Domicile. 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 returns 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 (Act 18, 1858, p. 14).

C. P., Arts. 162, et seq.; R. C. C., Art. 45, Secs. 1202, 520.
C. P., Art. 163, was amended by Act 64, 1876, p. 106.
C. P., Art. 165, was amended by Act 22, 1894, p. 25.
See title "Privileges" for other exceptions.

1204. General rule for institution of suits in civil matters. See C. P., Art. 162.

1205, 1206. Domicile of corporations organized in Louisiana. Meetings, elections, etc., to be held at domicile. See Secs. 740, 741.

1207, 1208. Sureties residing out of parish, may in certain cases be taken on bail bonds, how bond shall be taken in such cases. See Secs. 1011, 1012.

DONATIONS.

1209. Causes for revocation of donations inter vivos, amending R. C. C. 1559, and now embodied in the article.

1210. What property husband and wife may give to each other. Amending R. C. C. 1746, and now embodied in the article.

Act 124, 1882, permits donations, inter vivos or mortis causa, to be made to certain corporations. See act printed at p. 136.

DRINKING HOUSES.

1211. Authority to Grant or Withhold Licenses.-That the Police Juries of the several parishes of this State, the municipal authorities of the several towns and cities, and the City Council of the city of New Orleans, shall have the exclusive power to make such rules and regulations for the sale or prohibition of the sale of intoxicating liquors, as they may deem advisable, and to grant or withhold licenses from drinking houses and shops within the limits of any city, parish, ward of a parish or town, as a majority of the legal voters of any city, ward of a parish or town may determine by ballot, and the said ballot shall be taken whenever deemed necessary by the Police Juries of the several parishes, the municipal authorities of the several cities and towns, and the city council of the city of New Orleans; provided, that said election shall not be held more than once a year; and provided further, that, whenever, at an election held under this section, the majority of the votes cast in a ward, if only a ward election has been held, or the majority of the votes cast in a parish, if an election has been held for a whole parish, shall be against granting licenses for the sale of intoxicating liquors, said vote or decision shall govern and control the action of any ward, incorporated town or city within the limits of said ward or parish, as the case may be, as fully and completely as if said election had been held by authority of said town or city (as amended by Act 76, 1884, p. 98).

Act 76, 1884, amending R. S., Sec. 1211, is not a local or special law, and does not conflict with Constitution, Art. 47. Garret, Blanks et als. vs. Mayor et als., 47 An. 618. The result of an election held under the act for the entire parish is binding on the municipal corporations in the parish, and any provisions in the charters of the corporations which conflict with the act are repealed. Id. The act is the exercise of the police power of the State, and the Legislature is the sole and exclusive judge of the time and manner in which it shall be exerted. Id. Police Jury vs. Town of Mansfield et als., 49 An. 797.

1212. Authority Relinquished by State. The State relinquishes all right to grant licenses in any town, city or parish, in which it is not granted by the authorities; whenever any licenses may be granted, the State shall have power to collect the tax coming to the State for such licensed drinking houses or shops. (Act 26, 1855, p. 178).

1213. Judges to Charge Grand Juries.-It shall be the duty of the judges of the several District Courts in this State, out of the parish of Orleans, and the judge of the Criminal Court in the parish of Orleans, to call the attention of the grand jury to the laws regulating the sale of intoxicating liquors at each jury term.

1214. Authority to Adopt Laws.-It shall be the duty of the