or between the husband and wife, to injure an innocent person, charged as the adulterer; the Code of Crimes and Punishments has provided, that prosecutions for adultery shall be joint against the wife and the supposed adulterer (if he be alive); and that there can be no conviction of the one without the other, under the modifications to be contained in this code these are the following:

1. If the defendant, who is charged with being the adulterer, shall have been either summoned or arrested, but he should not appear, an attorney shall be named for his defence, who shall enter a plea of "not guilty" for him, and the trial shall proceed in his absence.

2. If he be alive, but shall have left the state before the prosecution is commenced, a warant or citation shall issue against him, and be renewed, from time to time, for six months, until it shall be served, and until the trial shall actually take place. If he be not found, the trial may proceed, after the expiration of the six months, against the wife alone.

CHAPTER VII.

Of the application of moneys collected for fines, and of compensations for services to prosecutor, and for losses incurred by innocent defendants.

Art. 562. The mode in which fines are to be collected, is prescribed in the chapter of punishments in the Code of Crimes and Punishments. Art. 563. Sheriffs, coroners, and the marshal of the city court of the city of New Orleans, must, once in every three months, render to the treasurer of the state, an account of all fines either of them may have received prior to that time; or if they have received none, make a return to that effect, in writing, signed by them respectively.

Art. 564. At the time of rendering such account, the balance in the hands of the officer rendering it shall be paid to the treasurer of the state, who shall carry the same to account of a fund, called the "compensation fund"-which shall be applied, first, to the payment of warrants for recompense drawn by the governor, or by the judge, and public prosecutor, in cases authorized by the second chapter, first title, first book of this Code; secondly, to such other uses as the legislature may direct.

Art. 565. If any sheriff, coroner or marshal shall neglect or refuse to render such account, and to pay the balance that may be due thereon, or to make such return, he shall forfeit a sum of fifty dollars.

Art. 566. It is hereby made the duty of the treasurer to cause prosecutions to be commenced for the offences against this chapter; and also, to file petitions in a court of competent jurisdiction for an account of fines that may have been received; and in such suits the defendants shall pay costs, although it may appear that no money was due to the state; unless the defendant can show, that he had made the returns, required by this chapter, before the commencement of the suit.

Art. 567. Suspicion of guilt sometimes subjects the innocent to the vexatious expense and privation of liberty incident to the measures

preparatory to the trial, by which their innocence is ascertained. Justice requires that such persons should be compensated by the public, because the loss and inconvenience was caused by its officers, and in attempting to secure its peace and safety. To do full justice in the few cases where it will be found due, would expose the treasury to petitious demand in so many others, that the law can only give relief in such a manner as to aid the more needy class of sufferers, while it offers no temptation to fraudulent combinations:

Art. 568. Therefore, whenever the judge who, before trial, shall discharge a person who has been committed, or bailed, for any offenceor whenever the jury, who shall acquit any defendant-shall certify, that he did not, by any improper conduct, give reasonable ground for suspicion that he had committed the offence, he shall be entitled to such compensation for the losses he has sustained by reason of the prosecution, as the judge shall think reasonable; but such compensation shall in no case exceed an amount of emoluments which he might have made during the time that he was confined, or necessarily employed in his defence, to be ascertained according to the following circumstances:

1. If the defendant have no trade or profession, the compensation shall be calculated according to the wages of day-labourers.

2. If he be a mechanic, the average rate of wages for hired workmen of his trade shall be the measure, without any regard to the particular skill of the defendant.

3. If the defendant pursue any other calling or profession, the compensation shall not exceed twice the amount which could be allowed to a mechanic.

Art. 569. The sum allowed shall be paid by the treasurer out of the compensation fund, on the judge's warrant, countersigned by the clerk of the court, to the person in whose favour the allowance is

made.

Art. 570. In such cases the acquittal shall always be published, and the expenses paid by a similar draft on the same fund.

GENERAL PROVISIONS.

Art. 571. No omission of any matter of form, prescribed by this system, nor any departure from the forms given for proceeding under it, shall render the proceeding void, unless it be so specially provided; or, unless the departure from the form has caused some injury to the party complaining of it.

Art. 572. Where a particular provision is made in any part of this system, contrary to a general provision, the particular provision must be observed.

Art. 573. All offences which are created by the Code of Procedure, or the Code of Reform and Prison Discipline, shall be tried in the same manner with those which are created by the Code of Crimes and Punishments.

Art. 574. Whenever a notice or interval of a certain number of days is directed to be given or to elapse, three whole days, exclusive of the two terms referred to, must intervene, unless the contrary be expressed.

BOOK III.

CONTAINING THE FORMS TO BE USED IN ALL THE JUDICIAL PROCEEDINGS PRESCRIBED OR AUTHORIZED BY THIS CODE.

TITLE I.

OF THE FORMS TO BE USED IN THE PROCEEDINGS AUTHORIZED BY THE FIRST BOOK, TITLE FIRST, FOR THE PREVENTION OF offences.

CHAPTER I.

General provisions.

Art. 575. Where the forms given in this book are filled up, the parts within brackets are to be changed according to the circumstances; the real names are to be substituted for the letters used to represent them in the forms, and the real dates for the blanks or the fictitious dates used in the forms.

Art. 576. The certificate of the attestation of the magistrate to affidavits, the seals to writs, and the signatures of parties, clerks and magistrates, are omitted in most of these forms. The cases in which they are necessary, in practice, are either declared by the law on the subject, or result from the nature of the instrument.

Art. 577. Where the beginning or conclusion of any form has been given before, it is omitted in the subsequent forms of the same nature. The part of the form omitted in the beginning of any precedent, is to be supplied by copying the formal part that had before been given, down to the recurrence of the word with which the new form begins. Thus, in the precedents of an indictment, the formal part must be copied in each case down to the word "did," with which word some of the forms, given for the different officers, begin in the subsequent precedents; or to the word "that," with which others begin. The formal conclusion is supplied by "&c."

CHAPTER II.

Of the forms to be used in the proceedings under the third chapter of the title and book aforesaid.

Art. 578. The honorary certificate, directed to be granted by the article, shall be in the following form:

"State of Louisiana-certificate of merit.

"A. B. having [here insert the act with such circumstances as in the opinion of the court rendered it worthy of recompense], the criminal court of said state [reciting the style of the court] have, according to the laws of the said state, caused this certificate to be made out, under their seal, to record the merit of his conduct, and to have the other effects provided for by law. Witness, J. T. judge of the said court, this day of in the year

Art. 579. The certificate directed by the article, to entitle the person giving information of an offence to the reward thereby directed, shall be as follows:

"We certify, that A. B. gave the first information which led to the conviction of C. D. of the offence of [here insert the description of offence]; and that, pursuant to the directions of the Code of Criminal Procedure, he is entitled to receive from the treasurer of the state, out of the compensation fund, the sum of fifty dollars. Dated the in the year

day of

Art. 580. The several proceedings for the prevention of offences by the intervention of officers of justice, which are authorized by the third chapter of the title and book mentioned in the title of this chapter, shall be according to the following forms:

1. The form of an affidavit required by the first article of that chap

ter :

"I, A. B., do hereby declare, that I do fear that C. D. intends to commit an offence against my person [or property, designating which] by [designating the act which is apprehended]; and that I have just reason for this fear, because [here insert the circumstances which cause the apprehension. ]"

2. Form of the warrant :

"To H. H. one of the constables," &c.

"Whereas, A. B. hath made oath before me, C. D. [designating the office of the magistrate], that he has just reason to fear and does fear, that E. F. intends to [here insert the nature of the offence]: You are, therefore, ordered to arrest the said E. F., and bring him before me to answer the said allegation, and to be dealt with according to law. Given under my hand, this

year

3. The form of the bond:

day of

in the

"We, E. F. and G. H., acknowledge ourselves bound in solido to the state of Louisiana in the sum of

to be paid by

us, or our heirs, if the said C. D. shall commit any offence against [the person] of A. B. within the term of one year."

4. The form of commitment, if the accused do not find security. "To the sheriff of the parish, &c. By C. D. [one of the justices, &c.] "Keep in safe custody, until he shall be discharged by law, E. F. herewith delivered to you, charged, on the oath of A. B., with an intent to [here insert the charge]. Witness my hand, this day of

in the year

Art. 581. Any one committed by virtue of such commitment, may be brought up by order of the magistrate who committed him whenever he finds security, and on executing the bond aforesaid shall be discharged.

5. Warrant for arrest, on the view of the magistrate, under the article.

"To H. H. one of the constables," &c.

"Whereas, E. F. in the presence and view of me, C. D., one of the justices [insert his style of office], did commit illegal violence on the person of A. B.: You are, therefore, commanded to arrest the said E. F., and bring him before me to answer for the said offence, and to be dealt with according to law. Given under my hand this

of

in the year

6. Application for a summons, in case of an intended libel. "To C. D. one of the justices," &c.

day

"A. B. complains that E. F. as he is informed and believes, is now printing a libel against him, which he intends to publish [or that he has written and intends to print, or continues to sell and circulate, some such libel, or some such publication as is forbidden by the Penal Code, as the case may be]; he therefore prays, that the said E. F. may be summoned, for admonition, according to law."

the

7. Summons on the above complaint.

"To I. K. one of the constables," &c.

day of

"Summon E. F. to appear before me, [one of the justices, &c.] on next, at o'clock in the morning, at my office, to hear the complaint of A. B. against him, for intending to publish [or for continuing to circulate, &c., as the case may be] a libel against him [or other publication forbidden by the Code of Crimes and Punishments, as the case may be]. Witness my hand, this day of

C. D."

Art. 582. If the person summoned do not appear, and the officer to whom it was directed shall return, that it was duly served, such summons and return shall have the same effect as to the punishment, in case of conviction, that the admonition would have had.

CHAPTER III.

Form of the proceeding authorized by the fourth chapter respecting search warrants.

Art. 583. The forms to be used for proceedings authorized by this chapter are as follows:

1. Affidavit for procuring a search warrant for stolen goods, or goods taken on false pretences or fraud: