New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-10-10
NEW ORLEANS REPUBLICAN, SATURDAY, OCTOBER TO- 1858.

In contempt, the Sheriff, or any of his de-
putles, or the Coroner may act; and in all
cases. II there be no officer at hand to act,
me court shall appoint some proper person
Sac: 6. Be it further enacted, ETC., That
a neglect, failure, or refusal of any Sheriff
OF MS deputy or deputies, or the Coroner, or
constable, to serve any citation, levy any
attachment, provisional seizure, sequestra-
.lon, Injunction, execution, arrest, or other
legal process in either a civil or crimina
proceeding by which any person, the State,
parish, municipal corporation, or other cor
poration, or persons ordering the same,
b be injured, or lose their recourse on
the claim sued on, or on the property which
was liable to seizure under any of such
,Wr1ts at the time they were placed in the
hands of such officer, said officer shall be
responsible, as well as their securities on
their official bonds, to the party so injured
or damaged for the full amount
owing on the claim sued on.
to execute, or other damage, and proof by
the party injured that the failure of the
said officer 10 serve the citation or other
writ on the proper party, or that he made
Illegal service thereof, so that prescription
barred the claim, or the court was deprived
OF Jurisdiction, or that when the writ of
attachment, provisional seizure, sequestra-
tOhs juJunCLlODt CAeCutlOut dllCnls VI Otu6E
legal process was placed in such officers
haLds, the party or parties against whom
such writs were issued. had property, rights
or credits liable to seizure, and within the
Jurisdiction of such officer, and he failed 10
seize the same, shall beprima facia evidence
OF the liability of such officer aad his Sc
curities on his official bond for the mount
OF such writ, provided always, that the Sher.
III or other officer shall have the right to
reuufrp an i~n6nmnifriun hnp6 in ~ soc nnU
provided by law.
Sec. Z. Be it further enacted, etc., That
any clerk of the court who shall neglect, fail
or refuse to issue any copy, paper, citation,
writ or other process when so required to
do by any party or their counsel authorized
to require such ssrvice, who has made the
proper deposit and complied with the re-
quirements of law authorizing them to
demand such service from the Clerk, such
CLERK shall, on such facts being brought to
the attention of the Court in writing, sworn
TO by the party making it, which hall be
served with the order made thereon by the
Judge, fixing the time for trial thereof. not
exceeding two days from the date of the
order, and on such trial, which shall be
summary and without jury, if such Clerk
shall be found guilty of the charge, he shall
De considered in contempt of Court and be
1ned IN a sum not exceeding one hundred
1ollars, or imprisoned not exceeding thirty
days, or suspended from office, either one or
all, and the Clerk and his securities on his
official bond shall be responsible to any
for any damage that may result
10 perform any duty required of him
by law. If such clerk is suspended from
1ttice, it shall be the duty of the District
Judge to appoint a clerk to act in his place,
Who shall take the oath and give the bond
of clerks, and who shall receive
III the fees and emOlumcnts of the Office
Turing the time he acts as clerk. That when
Judge shall suspend any clerk from
)idce, be shall transmit to the Governor, the |
proceedings, evidence and Judgment of sus-
who shall lay the same before the
legislature at its next session, to the end
the Legislature may ratify or reject
UGH suspension from office. That if the
uspension should be ratified, then such
shall be considered vacant, and be
lied as provided by law. If the Legisla-
ure shall tail to ratity such suspension from
then such officer is to be restored to
is office, but shall be liable for any con.
empt or delinquency thereafter committed
5 IN the first instance. A failure of
be Legislature to act at the first
ession alter such suspension shall
cave the suspension in force, provided that
he Legislature may act on the case at any
lbsequent session, and the ~onsequenc of
heir action shall be as above set forth.
SEC. s. Be it further enacted, ETC., That
ny failure of the Clerk of any court to com.
ly with any legal formality in issuing cita-
lon, petition, or othe" process, or the same
not a true copy, or legal in form or sub
lance, no fee shall be charged by the Clerk
issuing such copy or process; and he
nall moreover be responsible to the Sheriff
)r any costs he may incur in executing, or
tempting to execute any such process,
the parties to such suit shall not be
with any of the Clerks or Sherif-s
Osts above referred to, and any costs that
lay be incurred by any Sheriff in executing
r attempting to execute or serve any writ
+ paper, or other process which has not
cen executed OF served in the manner
ointed out by law, shall not be charged
gainst any party in any suit, but ali such
Jsts, and the expenses incident thereto
lall be borne by such Sheriff.
(Signed) CHAS. W. LOWELL.
of the House of Representatives.
(Signed) OSCAR J. DUNN,
Lieutenant Governor and President of the
Senate.
Approved September 30. 1868.
(Signed) H. C. WARMOTH,
Governor of the State of Louisiana.
RJ