New Orleans daily crescent., 1857-02-26

piated by this act be is hereby authorized and en-
powered To employ any number Of persons the Gov
ernor may think necessary, his deputies for such
time previous to any election as the Governor may
Direct and the said deputies may be equipped in such
manner as the Governor may think proper. and ade-
quate for the occasion and the said deputies, the
day of the election and during their term of service
snail be subject to the order and direction of said
superintendent, and obey all lawful commands issued
| by him.
Deputies and Deputies shall be citizens Of the State,
| and that said Superintendent, Chief Deputies and
Deputies before entering upon the discharge of their
respective duties, shall take the oath prescribed by
| tho Goth article of the Constitution.
SEC. %. Be it further enacted, &C., That the said
Deputies shall be commissioned by the said Superin.
endent who is hereby authorized to administer the
oath of Office to them and he is further authorized
and empowered with the consent Of the Governor, to
adopt such rules and regulations for the government
and equipment Of said Deputies, as to him may seem
proper; Provided the same be consistent with the
Constitution and laws of the United States and Of
this State and the said Deputies hereby required
to obey said rules and regulations Prorided, the
same may at any time be altered abolished at the
| pleasure Of the Governor.
Sec a. BE 1t further enacted &C.. That said Srl.
perntenent and his Deputies are hereby authorized
the day of the election, to arrest any person or
persons who may In any manner whatever interfere
or attempt to interfere with elections by creating
or attempting to create disturbance during cleo
tions, or commit any breach ofpeace, or any act
tending to create tumult or produce violence, or
calculated to intimdate voters or prevent them
from exercising the privilege of free suffrage
during elections or who may be guilty of any improp.
practice whatsoever with the view of disturbing
the electors in going to or returning from the polls or
during their stay at the polls, and said persons so ar
rested shall be deemed disturbers of the public peace
and said arrests may be made without warrant pre-.
vously obtained and that the persons so arrested
shall be confined in the Parish Prison until the day
succeeding the election Provided, that if lawful
voters they shall be permitted to vote before being
imprisoned and provided further, that said Super.
intendent, if he think proper, may release from i'm.
prisonment the person or persons SO arrested.
SEC. rs. Be ifu'ther enacted, &c, That any per
son wiltully resisting, or in any manner interfering
with the authority of said Superintendent or his
Deputies, shall be deemed guilty of crime and on
conviction thereof shall be punished by fine Of not
less than one thousand dollars and imprisoned at hard
labor for one year in the Pententary, and shall be
the duty Of the Attorney General in person to con-
duct all prosecutions under this section, and said
prosecutions shall be tried in preference to all other
cases.
| SEC. 26. Belt further enacted, &C.. That the said
Superintendent in case he shall deem it necessary is
hereby authorized in advance Of any election to sum
mon any number Of citizens who reside in the par,
ish Of Orleans to appear at his Office on day to be
specified in the summons, for the purpose Of being
sworn to act as extraordinary deputies at the ap-
preaching election, and the said summons shall be
served by one of the deputies Of the said Supernten
dent, who shall make due returns of the manner of
service to the office of said Superintendent and the
citizens SO summoned shall repair at the time speci-
fed in the summons served as aforesaid at the office
Of the said Superintendent, and take the oath pre-
scrbed by the Goth Article of the Constitution and
as to citizens summoned and sworn the laws pro-
hibiting and Furnishing the carrying of concealed
weapons are hereby suspended during the day on
which an election is held so that said citizens on said
day may carry concealed weapons if they choose so
to do: and on the day of the election the said eiti-
shall repair at such hour such place or places
as said Superintendent may designate which desig-
nation may be made the day of the election or at
any time in advance thereof and then and there obey
all lawful com nands issued by said Superintendent
any of his chief deputies and in case aGy citizen
| SO summoned shall fail to appear and be sworn as
aforesaid or shall fail to repair to the place or places
designated as aforesaid at the hour aforesaid or hay
ing so repaired shall refuse fail to execute the law
full commands issued as aforesaid, he shall be SUBJ
jected to fine Of five hundred dollars, which fine
shall be deemed and considered debt due the State
Of Louisiana, and recoverable before any Court of
competent jurisdiction without the intervention of
| jury.
SEC. ~. Be it further enacted, &C.. That said Su.
perntendent, after each and every election, is hereby
authorized and required to file in any of the District
4 Courts of New Orleans, list of the names OF such
citizens as may have refused or failed to comply with
the previous section Of this Act together with COPY
OF the surnames and returns made thereon in each
instance certified by him as correct and the said lists
| summons, and returns so certified shall be deemed
petition for the said fine of five hundred dollars
against each person named in the list and the Clerk
! Of the Court in which said list may be filed shall
cause to be published in some newspaper of the city
Of New Orleans, to be designated by said Supernten
dent which designation shall be made in writing and
| filed in the cause true copy of detautng citizens
duly certified by said clerk which publication shall
| be made three times during one week, and the said
publication shall be deemed and considered citation
to each and every person named in the said list to
appear and answer said question within ten days after
the first publication and the oath of the printer or
one of the employees in whose paper the publication
was made attached to copy OF the list published bv
him. shall be sufficient evidence of publication unless
rebutted and in the parties cited fail to appear
and answer within ten days from the day of the first
| publication a judgment by default may be entered
up against them and the suit proceeded with as in
other causes, except as to trial by jury and for the
| purpose Of proving the noncompliance by the de-
PENDANTS with the provisions of the foregoing section
the certificate of said superintendent attached to said
/ list, and copy Of the summons and returns, filed as
aforesaid, shall be primo Jacie evidence.
| Sec. 2s Be it further enacted &C., That the pay
ment of the judgments rendered against said default
ing citizens may be enforced not only by the ordinary
writs of execution but also by the writ of capas ad
satisacendm, by virtue of which the said judgment
debtors may be arrested and imprisoned in the Parish
Jail, until full satisfaction is made of the said
| judgments, interest and costs. And Judgment debt
ors confined shall not be allowed the benefit of the
insolvent laws of the State: Provided, That the
Governor when the peculiar circumstance of any par
tcular case may in his opinion justify his interposi-
ton, is hereby authorized to release from confinement
any judgment debtor thus imprisoned, on his paying
the cost of suit and the jail fees.
4 Sec. 30. BE it further enacted Sc, That the suits
te recovery OF SAID
fines instituted by virtue of this Act shall be in the
name Of the State and shall be conducted by the At.
torney General, and shall be tried without jury in
preference to all other causes both in the Supreme
aud inferior Courts and suspensive appeal shall be
} allowed from any Judgment rendered therein and
the only excuse which shall be considered sufficient
defence to said suits, shall be physical inability, OF
death in the family Of the defendant. The Attorney
General shall be entitled to retain for his services
twenty per cent of all fines collected under this Act
} and the balance is to be paid into the Treasury.
SEC. so. Be ii further enacted, &c, That when
any person shall be arrested the day of the election
by the said Superintendent his deputies the cause
OF his arrest shall not be inquired into shall he be
released from Imprisonment except by writ of habeas
corpus sued out in compliance with existing laws.
Sec 81. Be it further enacted, &c., That the said
Superintendent shall commission his chief deputies
and their commissions shall specify their seniority
rank, so that none of them shall be of equal rank
and it is hereby declared that in the event of the
death, resignation, absence, sickness or inability to
act from any cause whatever the said chief deputies
succeed to the duties and powers said Super
intendent, according to the seniority of rank ex
pressed in their respective commissions so that the
senior chief deputy shall first succeed and in case OF
his DEATH resignation absence Sickness inability to
act the second chief deputy shall next succeed and
SO on to the last; and each chief deputy thus sue
ceeding in his turn, is hereby authorized and EN-
powered to assume and perform all the duties of Sn
perintendent and exercise all the powers vested in