New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-11

| LTuSlOn luIO OF the uDlhWIul nOIQluS OF
exercising public office or franchise in
this State.
SECTION /. Be it enacted by the Senate
and House of Representatives of the State
of Louisiana in General Assembly convened,
That an action by petition may be brought
before the proper District Court by the At
torney General in the name of the people of
this State upon his own information or upon
the complaint Of any private party against
| the person or parties offending IN the follow.
| ing cases: First, when any person shall
| usurp, intrude into, or unlawfully hold or
exercise any public Office or franchise within
| this State; or, second, when any public
officer shall have done or suffered an act, or
which by the provisions of law shall work a
forfeiture Of his Office; or, third, when any
association or number of persons shall act
within this State as a corporation without
being duly Incorporated.
SEC. 2. Be it further enacted, etc., That
IN all such cases when made known to the
Attorney General, it is hereby made his du-
ty to so bring action against the offending
| party.
Sec. 8. Be it further enacted, ETC., That
service to be had in such cases, as in other
civil suits and answers, shall be fled within
the legal delay by the defendant.
Sec. 4. Be it further enacted, ETC., That
when an action shall be brought by the At
torney General by virtue Of this law, on the
relation, or information of person having
an interest in the question, the name OF
such person shall be Joined with the people
as plaintiff.
SEC. 5. Be it further enacted, etc., That
whenever such action shall be brought
against person for usurping or intruding
into an Office, the Attorney General, in adj
dition to the statement of the cause OF &C
ton, may also set forth in the complaint
the name of the person rightfully entitled
tn the OtTPp with q etatnuoaOf of his riob+
thereto, and in such case, upon proof of
that the defendant has received fees OF
emolumentsbel belonging to said Office, an order
may be granted by Judge of a competent
court for the arrest of such defendant and
holding him to bail, and thereupon he shall
be held to bail subject to the same rights
and liabilities as in other civil actions
where the defendant is subject to arrest,
SEC 6. Be it further enacted, etc, That
If the Judgment be against the defendant and
rendered upon the right of the person SO al
legged to be entitled, and the same be in favor
OF such person he shall be entitled after tax
ing the oath of Office and otherwise comply
ing with the requirements of law. TO take
upon himself the execution of the Office, and
1t shall be his duty, Immediately thereafter,
TO demand of the defendant in the action all
off ;e.
&c. I. Be it further enacted, ETC., That
II tAC AC1C0uhnt bIHll refuse OF ue2lScG TO
deliver over such books or papers upon
demand, he shall be deemed guilty of
mlsdemeanor, and prosecution therefore by
Indictment or information, and upon con-
viction fined not less than two hundred dol
lars or imprisoned at the discretion of the
court, not exceeding one year.
SEC. 8. Be it further enacted, etc., That
II the judgment be rendered in favor of the
person SO alledged to be entitled, he may
recover by action. the damages which he
shall have sustained by reason of the ugur-
patton by the defendant of the Office from
which such defendant has been excluded.
SEC. 9. Belt further enacted, etc., That
where several persons claim to be entitled
TO the same ottice or franchise, one action
may be Drought against all such persons in
the same action in order TO try their respect
ed rights to such Office or franchise.
SEQ. 10. BE 1t further enacted ETC., That
when defendant whether a natural per-
son or corporation, against whom such
action shall have been brought, shall be
adjudged guilty Of usurping or intruding
into, or unlawfully holding OF exercising
any office, franchise or privilege, Judgment
shall be rendered that snch defendant be ex-
cluded from such Office, franchise
or privilege, and also that the
plaintiff recover costs against such
defendant, the court may also, in its
discretion. fine such defendant sum not
CASuputHB wv buOuhhHQ uOAidib.
See. II. Belt further enacted, etc., That
anything in the Civil Code of this State
touching the subject of quo lodrrd,ato which
may directly or indirectly conflict with this
law is hereby abrogated and anpulled.
SEC. II. Be it further enacted, etc, That
appeal to the Supreme Court may be taken
from actions under this lew as in other
civil actions, but shall take preference to
all other causes In the order Of trial.
SEC. Is. Be it further enacted. etc, That
this law take effect from and after its
passage.
tSigned) CHAS. w. LOWELL,
Speaker Of the House Of Representatives.
(Signed) OSCAR J. DUNN.
Lieutenant Governor and President Of the
Senate.
Approved September 8, 1868.
(Signed) II. G. WARMOTH.
Governor of the State of Louisiana.
A true copy;
GEO. E. BOYEE,
Secretary of State