Election of a duties. the order of the board all claims against the institution, under such rules and restrictions as may be established by the board. They shall also elect a secretary, whose duty it shall be to keep an exact secretary; his account of all money received and disbursed, of the property, credits and resources of the institution, and of all work done, and claims against the institution, and to be present and attend the meetings of the board. Said treasurer, secretary and the superintendent shall keep their accounts and records in well-bound books, subject at all times to the inspection of the board of administrators. SEC. 1124. At each monthly meeting of the board they shall appoint one of their members, whose duty it shall be to visit the institution at least once a week, and report to the next monthly meeting the manner in which its affairs have been conducted. Weekly inspec tion. Time of ap SEC. 1125. The first appointments under this act shall be made within ten days after its passage. The board thus appointed shall immediately enter upon the discharge of its duties, as provided by the pointments. foregoing sections of this act, and the members thereof shall continue in office for two years from the date of such appointment, and until their successors are appointed, as provided in the eleven hundred and sixteenth section of this act, and have qualified. ized to intro SEC. 1126. The board of adminstrators of the deaf, dumb and blind Board authorasylum of this State be and are hereby authorized and empowered to duce printing provide for the introduction of printing into the said institution, for tution. the employment and education of the inmates thereof. Act 1859, p. 171. See Act 1871, p. 203, No. 88; p. 208, No. 92. into the insti DEFAULTER. SEC. 1127. Whenever it shall appear from an official publication that any person acting as an officer within the State is a defaulter, it shall be the duty of the judges of the severarl district and parish courts to require the district attorney pro tempore to proceed by rule against him for his removal from office after ten days' notice. D. sec. 1980; Act 1855, p. 268. Mode of pro ceeding against de faulters. Duty of judges. SEC. 1128. If, upon the trial, it should appear that he is a defaulter, the court shall declare the office vaeant, subject to an appeal to the Courts in cersupreme court, upon defendant giving bond and security for costs. D. sec. 1981. tain cases to declare the of fice vacant. Persons not to dischargeduties of office pending appeal. Penalty. SEC. 1129. It shall not be lawful for any person to discharge the duties of an officer pending the appeal allowed by the eleven hundred and twenty-eighth section of this act. D. sec. 1982. SEC. 1130. Any person violating the eleven hundred and twentyninth section of this act, on due conviction thereof, shall suffer fine or imprisonment, or both, at the discretion of the court. Certain officers SEC. 1131. It shall be the duty of the auditor of public accounts, the to report defaulters to the presidents of the police juries and the mayors of the several municipal governor annually. corporations of this State, to report annually to the governor, on or before the tenth day of November of each year, all persons who may be defaulters to the State, parish or municipal corporations, with the amount of said defalcation; and any of said officers who shall fail or neglect to perform this duty shall forfeit the sum of five hundred dollars, to be sued for and recovered in the name of the State of Louisisna by the district attorney. Penalty for neglecting to make said re port. Governor not to issue commis ers. D. sec. 204, 2465, 2791; Act 1855, p. 332. SEC. 1132. It shall not be lawful for the governor to issue a comsions to default- mission to any person, elected or appointed to office, who may appear to be a defaulter by the reports on file in his office, unless it shall be proved to his satisfaction that such person was not a defaulter, or that he has paid the amount of his defalcation. Such proof shall be made within ninety days from the date of the election at which said person was elected, or the date of the appointment of any snch person to office; otherwise the governor shall order a new election or make a new appointment, as the case may be. New election to be ordered in certain cases. List of default D. sec. 1619. SEC. 1133. It shall be the duty of the governor to report to the geners to be pub eral assembly, and cause to be published anuually in the State paper, lighed annually. a list of all persons who may appear to be defaulters by the reports on file in his office. No bond to be received until commission is exhibited. Publication to be made by the auditor. D. sec. 1620. SEC. 1134. No person whose duty it is to receive or approve the bond of any sheriff or tax-collector shall receive or approve any such bond until he has exhibited a commission from the governor of the State. D. sec. 1621. SEC. 1135. It shall be the duty of the auditor of public accounts, on the fifteenth day of December, annually, to publish in the official gazette of the State, for thirty days, the names of all persons who may have become defaulters to the State during the year, with the amount of said defalcation; and no person who shall be published as such shall be entitled to receive his commission until he has exhibited the No commission proper discharge from the auditor. D. sec. 189, 205; Act 1859, p. 20. SEC. 1136. No person who at any time may have been a collector of taxes, whether State, parish or municipal, or who may have been otherwise entrusted with public money, shall be eligible to the general assembly, or to any office of profit or trust under the State government, until he shall have obtained a discharge for the amount of such collections, and for all public moneys with which he may have been entrusted. SEC. 1137. (No defaulter to be auctioneer.) See D. 143. Act 1855, p. 106.; SEC. 1138. (Report to the senate and house of annual list of defaulters.) See D. 189. Act 1855, p. 125. SEC. 1139. (Defaulters deprived of the benefit of the insolvent laws.) See D. 1809. Act 1855, p. 432. to issue until discharge be exhibited. Defaulters not to hold any of fice of profit or trust. DISTRICT ATTORNEY AND DISTRICT ATTORNEY PRO TEMPORE. DISTRICT ATTORNEYS. An act defining the duties of district attorneys throughout the State, and fixing their fees. [Act 1880, No. 96, p. 22.] SEC. 1. It shall be the duty of the district attorneys throughout the State (the parish of Orleans excepted) to attend the sessions of the courts in each of their respective judicial districts, and shall represent the State in all civil and criminal actions. In the districts in which the supreme court shall hold sessions they shall also represent the State in all criminal cases coming before said court. SEC. 2. It shall be the duty of the district attorney and assistant district attorney of the parish of Orleans to conduct the prosecution of all criminal cases coming before the criminal courts of said parish. SEC. 3. The district attorneys throughout the State shall be entitled to receive, in addition to their salaries as allowed by the constitution, the following fees, to-wit: Five dollars for each conviction on which the accused is finally sentenced only to pay a fine; ten dollars for each conviction on which the accused is finally sentenced to imprisonment in jail; fifteen dollars for each conviction on which the accused is finally sentenced to imprisonment in the penitentiary for a term shorter than life; twenty dollars for each conviction on which the accused is finally sentenced to imprisonment District attor ney elective. Elections and returns. Governor to fill vacancies. Duties. Duties relative in the penitentiary for life; and twenty dollars for each conviction on which the accused is finally sentenced to death. He shall receive only one fee in any case, and shall not be paid his fee until the sentence has become final on appeal or otherwise. SEC. 4. That the several district attorneys in this State (the parish of Orleans excepted) shall advise the police juries and parish school boards upon due application made, and shall represent them in all suits. SEC. 5. That the district attorneys of this State (the parish of Orleans excepted) shall receive a commission of five per cent. on all amounts they may collect in favor of the State, parish or school boards, and the commissions as now allowed by law for collections on forfeited bonds. SEC. 6. That all laws or parts of laws in conflict with this act be and the same are hereby repealed. SEC. 1140. There shall be elected in and for each judicial district of the State, by the qualified voters thereof, one district attorney, who shall hold office for the term of four years. Act 1865, p. 126. SEC. 1141. The elections shall be conducted and regulated and the returns thereof made in conformity with the laws regulating elections in this State. SEC. 1142. In case any vacancy should occur by death, resignation, refusal to comply or otherwise, the governor shall fill such vacancy. D. sec. 1577, 1578, 2606. SEC. 1143. They shall attend the sessions of the court in each of the parishes in the judicial districts, and shall represent the State in all civil and criminal actions. In the districts in which the supreme court shall hold session they shall also represent the State in all criminal cases coming before said court, except in New Orleans. D. sec. 2476. SEC. 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 to claims of the 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. State not provided for. Percentage. SEC. 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. SEC. 1146. The attorney-general and district attorney shall be enFees in crimin titled to receive the sum of fifteen dollars on each criminal prosecution in which the accused shall be convicted, to be taxed with the costs. al cases. D. sec. 137; Act 1868, p. 155. SEC. 1147. It shall be the duty of all the district attorneys in this Report to attor. State, on or before the first of December in each year, to make a written report to the attorney-general, setting forth the number of persons prosecuted in the several parishes within their respective districts, ney-general of criminal prose cutions. the number of convictions, the nature of the crimes and offences for which prosecutions were instituted, and also the nature of the crimes and offences 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. ney-general of SEC. 1148. It shall be the duty of each district attorney in this State, Report to attorin all cases, civil and criminal, in which the State is concerned, and civil and crimwherein appeals have been taken returnable to the supreme court inal cases in which appeals sitting in New Orleans, to immediately report in writing to the attor- are taken to suney-general that such appeals have been taken, and the time when they are returnable, accompanied by a brief statement of the points and authorities in each case so appealed. SEC. 1149. (Commissioners, when employed by auditor.) Repealed. Act Ex. S. 1877, No. 10, p. 12; Act 1872, No. 21, p. 61. D. sec. 218. SEC. 1150. (When and by whom an action by petition may be brought in the name of the State.) See D. 2593. Act 1868, p. 199. SEC. 1151. (Duty of district attorney and attorney-general.) See D. 2594. preme court sitting in New Orleans. SEC. 1153. D. 2596. (Interested person shall be joined with the State.) See (Suits for fees unlawfully collected.) See D. 2597. (Possession to be demanded by the rightful person.) See SEC. 1154. SEC. 1155. D. 2598. SEC. 1156. (Penalty for refusing to deliver the office and books.) See D. 2599. SEC. 1157. (Recovery of damages.) See D. 2600. SEC. 1158. (All claimants may be joined in one action.) See D. 2601. SEC. 1159. (Defendant liable in damages.) See D. 2602. SEC. 1160. (Repealing clause.) See D. 2603. SEC. 1161. (Appeals.) See D. 2601. D. sec. 61, 1911. SEC. 1162. (Trials shall be summary.) See D. 2605. |