The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-10-11

aincnment. provisional ssisure. representation in
Junction. execution, arrest OF other legal p-o,es.
was placed IN such officers hands, the party o.
parues against whom such writs we're issued, had
property, rights or credits liable TO seizure, aud
within the jurisdiction Of such officer and he failed
10 seize the same, shall be prima facia evidence OF
the liability Of such officer and his securities on
MS omcial bond for the amount of such writ. pro.
vided always that the sheriff or other officer shall
have the right to require an indemnifying bond 10
cases nov PROVIDED BY lay.
SEC. =. BE further enacted, etc., That any
clerk OF the court who shall neglect fail or refuse
" hsue any copy. paper, citation. writ or other
process when 90 required to do BY any party or
VINO has made the proper deposit and complied
with the requirements of law authorizing the n to
demand such service from the clerk. such clerk
shall on such facts being brought to the attention
making it, which shall 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 land without jury, if such clerk shall
be found guilty Of the charge, he shall be consid
cred in contempt Of court and be fined in q sum
not exceeding one hundred dollars, or imprisoned
not exceeding thirty days, or suspended from
ofice either one or ALL and the clerk and his secur-
tiles on mis- official bond shall be responsible to
any party for any damage that may result from
his failure, refusal or neglect to perform any duty
required Of him by law. II such clerk Il sus.
pended from ONCE, it shall be the duty Of the dis
trct judge to appoint clerk to act In his place.
who shall take the oath and give the bond re-
CURED Of clerks, and who shall receive all the
fees and emoluments of the office during the
time he acts as clerk. That when any Judge shall
suspend any clerk from office. he shal transmit to
ment of suspension, who shall lay the same be-
fore the Legislature at its next session. to the end
that the Legislature may ratfy or reject such sus
pension from office. That If the suspension should
be ratified, then such office shall be considered
vacant, and be filed as provided by law. II the
Legislature shall fail to ratify such suspension
from ofice. then such officer Is to be restored to
bis ONCE, but shall be hsble for any contempt or
delinquency thereafter committed as in the first
instance. A failure Of the Legislature to act at
the rst session after such suspension shall leave
the suspension In force, provided that the Legisla
ture may act on the case at any subsequent ses.
sion; and the consequence of their action shall be
as above set forth.
SEC. 8. Be Il further enacted, etc., That any
failure Of the clerk of any court to comply With
any legal Formally in issuing citation, petition,
Or other process, or the same Is not true COPY.
or legal In form or substance, no fee shall be
charged by the clerk for issuing such COPY or
process and he shall moreover be responsible to
The sheriff for any costs he may incur In executing
Or. attempting to execute any such process and
The parties to such suit shall not be charged with
any Of the clerks or sheris costs above referred
70, and any costs that may be incurred BY any
'herif In executing or attempting to execute or
'erve any writ or paper, or other process which
has not been executed or served in the manner
pointed out by law, shall not be charged against
my party in any suit. but all such costs, and the
expenses incident thereto shall be borne by such
heriff.
(Signedl CHARLES W. LOWELL.
Speaker Of the House Of Representatives.
(Signed) OSCAR j. DUNN.
lieutenant Governor and President of the Senate.
Approved September 20. 1868.
(slgned) II. G. WARMorH,
Governor Of the State of Louisiana. |
A true copy:
GEORGE E. BovEE,
Secretary OF State.