The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1868-10-31

pear before the Judge at the time
and place fixed by the Judge in
an order to be issued by him to
try such alleged delinquency; and
if upon such trial, which shall be
summary and without a jury, the
party is found guilty of such de-
linquency of duty, he shall be con-
sidered in contempt of the court, |
and be fined, imprisoned and sus-
pended from office, or either or all,
in the discretion of the Judge as is
provided in this section, when the
contempt occurs in his presence;
if it be a deputy of any Of such of
ficers, then the deputy shall be
subject to the fine and imprison-
ment, or either above fixed, and
shall be absolutely prohibited
from acting III the capacity of
deputy thereafter. That in the
trial or execution of the sentence
Of the sheriff or any of his depu-
ties for contempt, as herein pro-
vided for, the coroner or any con
stable of the parish named by the
judge shall act; and if there be
neither coroner nor constable at
hand, thejudge shall appoint some
suitable person to act in executing
his order, who may be dismissed
+ or suspended, at the discretion Of
the judge; and if it be the coroner
who is in contempt, the sheriff or
any of his deputies or consta-
BILE may act, and if it be the con
stable who is in contempt, the
sheriff OF any of his deputies, or
f the coroner may act; and i'll all
, cases, if there be 10 officer at hand
| to act, the court shall appoint some
: proper person to do so.
r Sec. 6. Be it further enacted.
/ etc, That a neglect, failure or re,
3 fusal Of any sheriff or ibis deputy
2 or Deputies, or the coroner or con.
} stable, to serve any. citation, levy
Y any attachment, provisional seiz
l ure, sequestration, injunction, exc
1 cution, arrest OF other legal pro
: cess in either a civil or criminal
, proceeding by which any person
g the State, parish, municipal cor.
: pOratiOn, or other corporation, OIL
D persons ordering the same, shall
!, be injured, or lose their recourse
4 on the claim sued on, or on the
e property which was liable to seiz
t ure under any of such writs at the
: time they were placed in the hands
g of such officer, said officer shall be
Y responsible, as well as their securi
i ties on their official bonds, to the
e party so injured or damaged fol
t the full amount owing on the
0 claim sued on, or on the writ they
e have failed to execute, or Other
$ damage, and proof by the party
= injured that the failure of the said
t officer to serve the citation OF
n other writ on the proper party, o.
T that he made illegal Service there
n OF, so that prescription barred the
/ claim, or the court was deprived
T Of Jurisdiction, or that when th,
l. writ of attachment, provisional
g seizure, sequestration, injunction
It execution, arrest or. other lega
o process was placed in such officers
e hands, theparty or parties against
e whom such writs were issued, haC
e property, rights or credits liabl,
$ to seizure, and within the jurisdic
J. ton of such officer, and he failet
II to seize the same, shall be prim;
Il facia evidence Of the liability O
Il Of such officer and his securities
Q on his official bond for the amour
e OF such writ, provided always tina
o the sheriff or other officer shall
have the right to require an idem
! nifying bond in cases now provid
= ed by law.
P Sec. Z. Be it further enacted
e etc, That any clerk of the cour
II who shall neglect, fail or refuse t
10 issue any copy, paper, citation
|, writ or other process when so re
1t CURED to do by any party or thei
re counsel authorized to require sue
IF service, who has made the prope
y deposit and complied with the re
If quirements of law authorizin,
le them to demand such service iron
d the clerk, such clerkshall, ON sue
" facts being brought to the atten
le ton of the court in writing, sworl
e, to by the party making it, whicl
t, shall be served with the orde
le made thereon by the Judge, fixin
e the time for trial thereof, not ez
s. ceeding two days from the dat
4 of the order, and on such triaI
Ut which shall be summary and with
Y, out jury if such clerk shall b
II found guilty of the charge, he shal
III be considered in contempt of cour
IN and be fined in a sum not eeeed