Imágenes de páginas
PDF
EPUB

all judgments obtained by them, to take rank as a first privilege thereon.

D. Sec. 2897. Act 1868, p. 209.

of attorneys

represent ab

Sec. 129. Advocates appointed by the judge to represent ab- Compensation sent defendants, in cases of attachment, shall be entitled to the appointed to sum of ten dollars as a fee, to be taxed as costs, which, upon sent defendapplication and proof to the court, may be increased in propor- ants in cases tion to the services rendered.

D. Sec. 108. Act 1857, p. 84.

of attachment.

Oath, in ab

sence of prin-
made by agent

cipal, may be

Sec. 130. In all cases where by any provision of the Code an oath of a party is required, it may (in case of the absence of said party) be made by his agent or attorney; and in such case it shall be sufficient for the agent or attorney to swear to the or attorney. best of his knowledge and belief.

C. P. 216; D. Sec. 3, 98, 528, 2567. Act 1839, p. 168, § 16.

H

!

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][ocr errors][merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors][merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][ocr errors]

Attorney general to keep

his office in

the city of New

Orleans.

Sec. 131. It shall be the duty of the attorney general to keep his office in the city of New Orleans;

To appear for the State, and prosecute and conduct, in the His duties in district courts in the city of New Orleans, all civil suits in which the State may be a party or be interested;

the district

courts of New Orleans.

His duties in

the first dis

trict court of New Orleans.

His duties in the supreme court.

To appear for the State in the first district court of the city of New Orleans, in all prosecutions for crimes punishable with death or imprisonment at hard labor for life, and in prosecutions for other crimes and offenses, whenever in his judgment the interest of the State may require it;

To appear for the State in the supreme court sitting in New Orleans, and prosecute and defend all appeals, in causes criminal or civil, in which the State may be a party or be interested; To prosecute and conduct before the federal courts, all civil suits in which the State shall be interested, and of which the trict in which courts shall have jurisdiction, arising in the federal judicial disthe seat of gov-trict in which the seat of government is located, when the property at issue shall exceed two thousand dollars;

His duties in the federal courts in the federal dis

ernment is located.

To intervene, whenever the interest of the State shall require

the federal

courts, in the

such intervention, in all suits now pending, or which may here- His duties in after be instituted, in the courts of the first judicial district, and and circuit in the federal courts sitting in the federal judicial district or cir- federal discuit in which the seat of government is located, when the the seat of govamount or value of the property at issue in such intervention ernment is loshall exceed two thousand dollars;

trict in which

cated, and in the first district.

His duties rel

To institute proceedings against all banking or other corporations chartered by the State, and situated in the first judicial ative to bankdistrict; to obtain the forfeiture of their charters in cases of ing and other violation of the same, where no provision has been made by law for the forfeiture of their charters;

corporations.

quired by the

either branch of the legisla

for the State in

on for his

When required by the governor, or either branch of the legis- May be relature, to appear for the State, in every court or tribunal, in any governor or case in which the State may be interested or be a party; To give his opinion in writing upon all questions of law when ture to appear required by the governor, the auditor of public accounts, or the certain cases. State treasurer; and consult with and advise the district attor- May be called neys, whenever requested by them, in all matters appertaining opinion by certo the duties of their offices; and to make and submit to the legislature, at the commencement of the annual session thereof, Report to the a report of all the official business done by him during the pre- legislature. ceding year, specifying the suits and prosecutions to which he may have attended; the number of persons prosecuted; the crimes for which, and the parishes where such prosecutions were had; the results thereof and the punishments awarded therefor;

tain officers,

etc.

in his report.

To include in his annual report an abstract of the annual re- Information to ports of the several district attorneys, with such observations be contained and statements as, in his opinion, the criminal jurisprudence and the proper and economical administration of the criminal law of the State shall warrant and require.

Act 1855, p. 6.

Sec. 132. He shall attend the legislature during its session, To attend the and shall give his aid and advice in the arrangement and prepa- legislature ration of legislative acts and documents, when required by to do so. either branch thereof.

Sec. 133. He shall keep two sets of books or journals, which shall constitute the records of that office; one set shall contain

when required

Books to be

a fair transcript of all the legal opinions given by him, and the kept by him. other a statement of all the suits brought by him on behalf of the State; each set shall have an index.

inquiry when

Sec. 134. Whenever the attorney general or any district attorney or district attorney pro tempore shall be informed that a Attorney gencrime or misdemeanor has been committed, and that no com- eral to make plaint or declaration thereof has been made before any judge or informed that justice of the peace, it shall be their duty respectively to in- a crime or misquire ex officio into the fact by causing all persons they shall been commitsuppose to have some knowledge of the fact to be summoned before some judge or justice of the peace, that their deposition may be taken.

D. Sec. 1018, 1167, 2066. Act 1855, p. 151.

demeanor has

ted.

Sec. 135. The resident physician at the quarantine station shall report to the attorney general all violations of this act; Duties under and it shall be his duty to prosecute all persons thus offending; the quarantine to collect the fines and remit the amount thereof to the secre

act.

Attorney gen

cute State

tary of the board of health, whose duty it shall be to keep a separate book for fines collected, to be approved of every three months by the attorney general, who shall receive such compensation as the board may fix for his services.

D. Sec. 3052. Act 1855, p. 471.

Sec. 136. Any State collector, collecting or attempting to collect any licenses or taxes in the name of the State of Louisiana without having duly qualified and given bond, in accorderal to prose-ance with law, shall be subject to a fine of not less than one lectors in cer- thousand dollars, nor more than five thousand dollars, and be imprisoned not less than two nor more than five years at hard labor. It shall be the duty of the attorney general to prosecute all such cases upon information from the auditor, for which he shall receive a fee of fifty dollars, upon conviction.

tain cases.

D. Sec. 271, 967, 3326. Act 1869, p. 146.

Sec. 137. The attorney general and district attorney shall be Fees in crimi- 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.

nal cases.

Fees for collections.

Suits tried by preference.

D. Sec. 1146. Act 1868, p. 155.

Sec. 138. The attorney general shall receive five per cent. on all amounts collected by him; and all suits brought by him and all appeals prosecuted by him shall be tried by preference.

C. P. 879. Act 1855, p. 6.

[merged small][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][ocr errors][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors][merged small][merged small][ocr errors][merged small][ocr errors][ocr errors][merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small]

Who may be

Sec. 139. Any citizen of the State may become an auctioneer for the parish in which he is a qualified voter, and be authorized to sell any real or personal property at public auction, upon giv- come auctioning bond and security, according to law, and taking the oath eers. prescribed by law.

Act 1855, p. 106.

Sec. 140. Before entering on the discharge of his duties, he shall execute his bond according to law, with good and solvent To executo securities, conditioned for the faithful performance of all the bond, etc. duties required by law, towards all persons who may employ him as auctioneer, and for the prompt payment of the taxes or commissions payable to the State, and of all the sums which he shall receive in his official capacity belonging to other persons.

Sec. 141. The bonds to be given shall be in the following Amount of amounts: Ten thousand dollars for the city and parish of Or- bond. Jeans, and two thousand dollars for the other parishes of the State.

« AnteriorContinuar »