New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-01
OFFIOIAL---oFFICIAL.

of the State in their efforts to restore Lou
isians to ner position in the Union.
And that when any person is required to
take either of the above atf1davits, to test
his eligibility to Office, he must take in ad.
dition the following oath:
That ! never engaged in any instruction
or rebellion against the United States, or
gave aid and comfort to the enemies there.
Of, after having taken an oath as member
OF Congress- or as an officer OF the United
States, or as a MEMBER OF any state leglsla-
ture, or as an executive or Judicial officer
of any State, to support the Constitution of
the United States.
That if any person within the exclusion
of the third section of the fourteenth amend.
ment to the Constitution Of the United
States, who shall have been relieved from
the disabilities herein contained by an act
of Congress, shall be elected or appointed
to any office, either State, parish, or munich
pal, in this State, in lieu of the second
clause of the oath prescribed in this section
| of this act, said person shall take and sub
scribe the following oath:
"And do further solemnly swear that /
have been relieved from the disabilities
contained in the third section Of said foure
teenth amendment to the Constitution Of
the United States"
SEC. 4. Be it further enacted, ETC., That
| the affidavit prescribed to be taken in sec
ton three of this act may be taken, sworn
| to, and subscribed before any person legally
| authorized to administer oaths in any parish
| in this State, and the same shall be fled in
the Secretary of States office for this State,
within thir. " days from the closing of the
| election at which he may have been elected,
or from the date of his appointment, f ip-
| pointed. And if said affidavit be not taken
and fled in the Secretary Of States Office
within said thirty days, the person so elected
or appointed shall be deemed ineligi BILE TO
such office, and the office deemed vacant,
| then such Office shall be held to be vacant,
and shall be filed as the constitution or
laws may provide for such vacancies.
SEC. 5. Be it further enacted, ETC., That if
any person shall falsely and corruptly take
the oath or oaths, in either of the clauses in
section three of this act, such person shall,
on conviction thereof, be imprisoned at hard
labor in the penitentiary of this State for
term of not less than five, nor more than ten
years.
SEC. c. Be it further enacted, ETC., That
taking the oath prescribed in section three
of this act, and the issuance of the commits
sion in consequence thereof, and the taking
the constitutional oath of office, and enter
ing upon the discharge of the duties of any
Office shall not prevent any person from
contesting any such Darty's right to such
office on the ground of his ineli-ibility or
for any other legal or sufficient reason, by
the contesting party pursuing the forms and
requirements of law.
SEC. I. Be it further enacted, etc. That in
case commissions have been issued to any
person or persons elected o. appointed to
Office before the passage of this act, or if any
person has been sworn in, or entered on the
discharge OF the duties of any Office which
does not REQUIRE commission, all such
persons shall take the oath required by sec.
tor three of this act and file the same in
The Office of the Secretary of State within
thirty days after the PRONUNCIATION of this
act and in the event of their failing SO to
de, the Govern or shall declare such persons
ineligible to Office, and their Offices vacant,
and the Offices shall be filed as prescribed
BY the constitution and laws of The State.
SEC. 8. Be it further enacted, ETC., That
if any person elected or appointed to any
office, State, parish or municipal, in This
State, and who is required - 1ttest his
eligibility to office according to the re
quirements OF this act, shall presume to
discharge or attempt to discharge the
duties Of any such office, after the ex.
piration of the time required by
this act, within which to tle his affidavit in
the office OF the Secretary of State, all hi:
pretended official acts, from that date, shall
be void; and if his office is in whole or il
part, a salaried office, and his right TO holC
. his Office be contested he shall -le bont
in the court in which the suit Of contes
may be instituted, with good and suffcien
sureties conditioned, that in case the deci
sion of the court shall be against him h
, shall pay to the person found to be entitled
to said Office all The fees, salary and emolu
: ments of said office during the whole tint
he shall have held the same, and he shall
not be entitled to demand or receive an,
salary of office after that time, nor shall h,
be entitled to receive any fees Of office foI
services rendered in such Office aher tina
. time; and any fees so paid shall not dis
: charge the party paying them rom payins
. | IN 10 loaT NrA ntl
SEC. 3. Be It further enacted, etc, That
any person elected or appointed TO any of
: tica, State, parish or municipal, in thi
State, shall fail to show his eligibility t.
e such Office, as is required by this act, an
that his Office has according to the re
Guirements Of this act, become vacant ant
another person has been elected Or appoint
. ed to such office, and been authorized t.
enter on the discharge of the duties Of sucl
office, and should such person, whose Of
!. fee has become vacant as aforesaid, fail Il
deliver over 70 the person so authorized t
discharge the duties of such office, upon dc
mand, all the books papers, archives, re
cords, property, or other effects of sucl
s office, or WilfuIly resists or obstrpct sucl
o person in the discharge Of the duties O
S such Office, upon due conviction thereof
d shall be punished by imprisonment in tn
e common jail not less than three nor NOR
= than twelve months, and fined not les
J, IMAM one uuuuIcuI uOi HO40 bAdh ol
D thousand dollars.
7 SEC. 10 Be it further enacted, etc, Tina
r all laws and parts of laws in conflict wit
r the provisions OF this act are hereby re
= pealed..
SEC ii. Be it further enacted, ETC., Tha
p this act shall take effect from and after il
e passage.
!, (Signed) CHAS. W. LOWELL,
/ Speaker Of the House of Representatives
4 (Signed) OSCAR J. DUNN,
e Lieutenant Governor and President Of tn
: Senate.
A true copy:
} GEO. E. BNVEE,
Secretary Of STATE
Endorsed, received in the Governors o
I fee, August 20, 1885,"
r NoTE BY THE SECRETARY OF STATE.-Th
i foregoing act, having been presented to tn
e Governor of the State of Louisiana for h
!. approval, and not having been returned b
LIE - 20 HOuaa m W ioh n nrioi or