[581] By _Laws_ (1899), 1471, 1472, on application of either party, when the assigned cause is adultery, a jury must be called; and in other cases it may be empaneled.
[582] MILLS, _Ann. Stat. of Col._ (1897), III, 438; _Ann. Codes and Stat. of Wash._ (1897), II, 1600.
[583] _Rev. Stat. of Ind._ (1896), I, sec. 1038. An emergency act of 1901 makes provision for counties of 100,000 inhabitants; that is, for Marion county, containing Indianapolis. Where no _bona fide_ counsel for the defendant is entered in the appearance docket, the prosecuting attorney is to enter his name therein, and to resist the petition on behalf of the state. Any attorney, other than the prosecuting attorney, appearing for the defendant, if so ordered by the court, must file a written authority executed by the defendant: _Laws_ (1901), chap. 151, pp. 336, 337. In substance this requirement as regards the prosecuting attorney is made general for the state by an act of 1903: _Laws_, 393, 394.
[584] MILLS, _Ann. Stat._, III, 438; _Laws_ (1893), 238, 239.
[585] _Codes and Gen. Stat._ (1892), I, 664 (act of Oct. 11, 1862); _Codes and Stat._ (1902), I, 456.
[586] _Ann. Codes and Stat._ (1897), II, 1600.
[587] This is the duty of the district attorney in Idaho, and of the county attorney in Utah, when the ground of the petition is the alleged insanity of the defendant: _Gen. Laws of Id._ (1895), 12; _Laws of Utah_ (1903), 39, 40; and of the prosecuting attorney in Michigan, when there are children under fourteen years of age whose interests require his intervention: HOWELL, _Gen. Stat._, III, 3605; MILLER, _Comp. Laws_ (1899), III, 2665.
[588] _Cal. Stat. and Amend. to the Codes_ (1891), 279; _ibid._ (1893), 48; _ibid._ (1900-1901), 444; _Rev. Stat. of Ill._ (1898), 633, 634; _Rev. Stat. of Ind._ (1896), I, sec. 2129; BATES, _Ann. Rev. Stat. of Ohio_ (1897), II, 3218; _Ann. Codes and Stat. of Wash._ (1897), II, 1987, 1988; _Gen. Laws of Minn._ (1901), 286. By _Laws of N. Y._ (1902), I, 536, this offense is made a misdemeanor. _Cf._ _Laws of Montana_ (1903), 146.
[590] Act of Feb. 11, 1897: _Pub. Acts of Mich._, 12; _ibid._ (1899), 69.