R. S. 3952-Act 103, E. S. 1877

3952, 3953. In prosecutions where penalty is death or imprisonment at hard labor, witnesses from any parish may be compelled to attend; subpoenas, how served. See Secs. 1036, 1037.

3954. Fees, etc., of witnesses summoned under authority of Senate or House of Representatives. See Sec. 1537.

3955. When summoned to appear before committees of either house. See Sec. 1545.

3956, 3957. Testimony of witnesses in matters pending before General Assembly may in certain cases be taken by commission; proceedings, etc. See Secs. 1741, 1742.

[Summons by Judge Advocate, etc.]

3958. The judge advocate shall issue summonses for all witnesses, which the provost marshal shall serve; and if any witness duly summoned fails to appear, the court martial may fine him not more than twenty dollars, and attach him and compel his appearance (Act, 1843, 317).

[Personal Attendance of Witness.]

3959. Any party to a suit or proceeding in any of the courts of this State shall have the right to have the personal attendance of any witness in open court, on the trial of his case, by his filing in the suit his application for a subpoena for any such witness, accompanied by the affidavit of himself or his attorney, that the personal attendance of such witness in open court on the trial of the case is necessary in order to elicit the truth from such witness, which can not be done by taking his deposition out of court; and in all cases where à jury is prayed for and granted by the court, the party shall be entitled to have the witness subpoenaed in open court without the above affidavit, if he shall so desire in the writing filed in the suit.

PHYSICIANS.

Act 103, E. S. 1877, p. 177.

AN ACT relative to the taking of the testimony of physicians. SECTION 1. That physicians living more than ten miles from the seat of justice shall not be compelled to attend the court as witnesses in civil cases whenever in their opinion the life of any of their patients might be endangered by their attendance upon the court, but such

R. S. 3960-3968

physician will immediately forward to the court a sworn certificate stating the facts which in his opinion render his attendance impossible under the circumstances; provided, that at the request of either party to the suit in which the subpoena is issued the court may order the testimony of such physician to be taken summarily in due course after notice given to the other party.

[Personal Attendance of Witnesses in Orleans.]

3960. Any party to a suit or proceeding in any of the courts of this State in the Parish of Orleans shall have the right to have the personal attendance of any witnesses in open court, in trial of his case or proceeding, by subpoenaing the witness to attend on the trial, unless the testimony of such witness has before the trial been taken contradictorily with the parties according to the provisions of an act entitled “An Act to provide for taking the testimony of witnesses in suits pending in the courts of this State," approved September sixteen, eighteen hundred and sixty-eight, and it shall be the duty of all courts in this State to call and hear the testimony of all competent witnesses in any case or proceeding in open court when the witness appears to give testimony, whether he is subpoenaed or not; such testimony shall be taken in writing in all cases when by law it is required to be so taken (Act 100, 1869, 130).

3961. Husband and wife can not be witnesses for or against each other, except where joined as parties having a separate interest. See R. C. C. 2281, as amended by Act 59, 1888, p. 61.

3962, 3963. Bribery, etc., of witnesses in criminal actions; witnesses failing to testify because bribed, etc. See Secs. 880, 881.

3964, 3965. Failure of grand juror to inform jury of violations of criminal law, etc. Grand jurors competent witnesses in such cases. See Secs. 2140, 2141.

3966. Women not required to answer interrogatories on facts and articles in open court, except where oath is made to certain averments. C. P., Art. 349.

3967. Judge may not recuse himself because he is a material witness in case. See Sec. 3192.

3968. Person residing out of parish where suit is pending, within or without the State, must answer interrogatories, etc. See C. P., Art. 352.

R. S. 3969-Act 19, 1884

3969. Commissions to take testimony may issue any time. after answer. See C. P., Art. 439.

3970. May be directed to any judge, etc. See Sec. 609.

3971. Must be served on opposing party or counsel three days previous to forwarding. See Sec. 606.

3972. When interrogatories are annexed to commission and served, notice in writing, of time and place where depositions will be taken, need not be given, See Sec. 611.

3973. Application to take testimony of witnesses residing out of State, need not be made in open court; oath necessary. See Sec. 605.

3974. Absence of witnesses not ground for continuance, when opponent admits that if witness were present "he would swear to such facts." Now embodied in C. P., Art. 466.

[Summons, How Obtained.]

3975. Article four hundred and sixty-nine shall be so amended that out of the city of New Orleans, each party may obtain from the clerk of court summons for witnesses before the case has been fixed for trial (Act 1838, Sec. 25, p. 272).

3976. Board of Commissioners of Metropolitan Police have power to issue subpoenas, etc. (Act 92, 1869, p. 92). Repealed, Act 35, E. S., 1877, p. 57).

3977 to 3980. Coroner may summon witnesses, etc. Postmortem examination; oath. Testimony in writing. Recognizances, etc. See Secs. 660 to 661.

FEES OF WITNESSES CALLED AS EXPERTS.

Act 19, 1884, p. 25.

AN ACT to provide for the compensation of witnesses called to testify as experts in courts of justice.

SECTION 1. That witnesses called to testify in court only to an opinion founded on special study or experience in any branch of science, or to make scientific or professional examinations, and to state the results thereof, shall receive additional compensation, to be fixed by the court, with reference to the value of the time employed and the degree of learning or skill required.

SEC. 2. That all laws in conflict with the provisions of this act be and the same are hereby repealed.

R. S. 3981-3988

WOMEN

3981 to 3983. Married women may, for their separate benefit, contract debts, etc. Examination by judge in chambers. Certificate to be granted and presented to notary. Makes full proof against her and her heirs. See R. C. C., Arts. 126 to 128. [Widows and Unmarried Women.]

3984. It shall be lawful for the widows and unmarried women of age to bind themselves as sureties or indorsers for other persons in the same manner and with the same validity as men who are of full age.

R. C. C., 1782.

3985, 3986. May renounce, with consent of husband, matrimonial, etc., rights in favor of third persons. May appoint agent to renounce mortgage on husband's property, etc. See R. C. C. 129, 130.

3987. Not required to answer interrogatories on facts and articles in open court, except when oath is made to certain averments. See C. P., Art. 349.

[Preservation of Mortgages Against Husband.]

3988. In order to preserve the mortgages or privileges accorded by law, in favor of married women for the preservation of their dotal, paraphernal or other rights against their husbands, it shall be the duty of every married woman, or any person for her, to cause to be recorded in the mortgage book in the parish or parishes in which their husbands may own mortgageable property, the evidence of their mortgage or privilege. If it be in the shape of a public act, or act under private signature, act of partition, judgment or other written act, the same must be recorded in the form now required in recording such acts, and if it be not in the shape of a written act, as above indicated, then a written statement made by the wife, or the husband, or any other person having knowledge of the fact of the amount due to the wife for which she may be entitled to a mortgage or privilege against her husband by existing or any subsequent law, detailing accurately the facts and circumstances on which such claim may be based, which written statement shall be sworn to by the person making it, and duly recorded as above directed. The wife is hereby

R. S. 3988-Acts

specially authorized to perform the above acts independent of her husband, and mortgages or privileges so recorded shall only have effect against third persons from the date of their being recorded in the several parishes in which they may be recorded (Act 95, 1869, 114).

3989. Married woman who is a minor may sue or be sued with consent, etc., of husband. See C. P. 999.

MAY HOLD CERTAIN OFFICES.

Act 57, 1892, p. 80.

AN ACT to make operative Article 232 of the present Constitution of the State of Louisiana, and to make women eligible to any office of control or management under the school laws of the State.

That Article 233 of the Constitution of 1879 of the State of Louisiana is hereby declared to be operative, and women over twenty-one years of age are hereby declared eligible to any office of control or management under the school laws of this State.

The Constitution of 1898 does not contain a clause like Art. 232, Const., 1879, under which Act 57, 1892, was adopted. Const., 1898,Art. 210, provides: "That no person shall be eligible to any office, State, judicial, parochial, municipal or ward, who is not a citizen of this State and a duly qualified elector of the State,'' etc. Quaere: Is the act not repugnant to the Constitution of 18981 But see Const., 1898, Art. 325, paragraph "First.”

COLLEGES MAY GRANT DIPLOMAS.

Act 118, 1894, p. 157.

AN ACT authorizing colleges in the State of Louisiana to confer diplomas on women in the practice of law, medicine and pharmacy, when they possess the same qualifications and requirements as men do in said professions.

SECTION 1. That all colleges in the State of Louisiana having authority to confer diplomas on any graduates in the learned professions are hereby authorized to confer diplomas on women in the practice of law, medicine and pharmacy as well as men.

SEC. 2. That the same qualifications necessary for the obtaining of diplomas in the learned professions mentioned in Section 1 of this act required of men be also required of women applying for diplomas in the professions of law medicine and pharmacy.

SEC. 3. That all laws or parts of laws inconsistent herewith be and are hereby repealed, and that this act go into effect from and after its promulgation.