Le Louisianais. [volume] (Convent, La.) 1865-1883, 1868-12-12
ay provide for filling such

tuition or laws may provide for filling such
vacancies.
SEC. 5. Be il further enacted, ETC, That IL
any person shall falsely and cotrnp,ly take the
oath or oalhs, IN either Of The clauses in sec.
ton three of this act, such person shall on
conviction thereof, be imprisoned at hard labor
in the peni,en,iary Of this State for a term OF
not less than five, nor more than ten years.
SEC. 6. Be il further enacied, etc That
taking the oath prescribed in section three OF
this act, anil the issuance Of the commission
in consequence thereof, and the taking the
constitutional oath Of office, and entering upon
the discharge Of the dnties Of any office, shall
no, prevent any person from cnniesiiny any
such par,y's RICH, 10 such office on The ground
OF his ine|isibility, or for any other legal or
sufficient, reason, by the con,esting patty
pursuing the forms aud requirements Of law.
SEC. I. BE- il further enacted, ETC That in
case commissions have been issued 10 any
person or persons e'ectel or appointed 10 office
before The passage Of This act, or il any person
has been sworn in, or entered on the discharge
OF the duties Of any Office which does not
require a commission. all such persons shall
take the oath re1nifcd by section three Of this
act. and file the same in The Office Of The
Secretary Of State within thirty days after the
pro,nnlga,inn OF this art. aud in The event Of
their failing so 10 TO, tho Governor shall
declare such persons ineliribelr 10 office, and
their offices vacant. and The offices shall be
filed as prescribed by the constitution and
laws Of This State.
SEC, s. Be il FURTHER enacted. etc, Tina, If
any person elected or appointed 10 any office,
state, parish or municipal, in this State, aud
who Is required 10 a'tes, his eligibility 10 Office
according 10 the requirements of his ac',
shall presume To discharge or attempt, In
discharge The duties Of any snch Office, after
the expiration OF the time required hy,his act.
within which 10 fe biz aft l.vi, il HE Office
OF the Secretary Of State, all his pretended
official acts from 'ha, date shall b. void: and
It his office IS il whole or Ia p,ti, a salariel
office, and his night 10 hold bis Office lie con.
tested he shall Gle a bond in The cnur, il which
the SUIT OF contest may be instituted, wilh
good and sufficient sure,ic< CONDITIONED, ,ha,
~ case The decision Of The contt shal! be
against him lie shall pay to the person iouri
10 be entitled 10 said .1icr All The f-cs sal,tv
aud emo uments Of SAID office dpiinn The
Whole time he shall have held the same, and
he Shall not be entitled 10 demand or receive
any salary Of Office after tina, time, nor shall
he be ehtitlcd 10 receive any fees Of office for
services renhered IN sncl, office after Tim, tine;
aud any Ices so paid shall not discharge the
party paying them from paying again 10 the
proper officer.
SEC. 9 BE il further enacted, etc. Tia, Il
any person elected or appointed TO any Office,
State, parish or municipal, in this State, shalt
tai 10 show his eligibility to such office, as j.
required by tins ac,, and if his office has.
according to tbs requirements of this ACT.
become vacant, and another person has been
elected or appointed 10 Snrh office, AMI been
an'horlztl 10 enter on the discharge Of tn.
dulles Of such Office, AMI should such p,rsan,
whose office has become yncnn, as aforesaid.
10 discharge the dniias Of surI office, nnon
demand, all the books, pa pers. archives. record,
property, OF Other eji,.cis Of such Office. ar
w'lini'y resist or distract snch person in tl,.
discharge Of The duties &c sncl. office, ip.n
due convection thereof, shall be punished ty
imprisonment in the common laiI not le..
man three nor more than twelve months, and
hneh not less than on. hnudfea nor more than
one Thousand dollars.
SEC. 10. Be 1t further cnaetel c,c 1f,,,
an avs and parts Of laws in conf CT with The
provisions Of This act are hereby repealed,
SEC II. Be- i, further enacted, etc Tin,
ihIS act shall take eIec, from and alter ia
passage.
Signed ClIAS. w. LOWELL
Speaker OF the House ni representatives
(signeh OSCAR ] DUNN.
Lieutenant Governor and President, Of he
A true copy:
Gao F.. Boyrr.
Secretary Of State,
lniorsed "Receiv"l in The Goyernot,s
otllre, August 20, 1865.
INoTE BY THE SECRETARY OF STATE
ar, havlug been presented 10 Ina
IT HE State Of Loni~iano for his
appfosa', and mol having been re,nrnca nv him
10 III" house Of The General Assembly in which
II originated within ,ha ,inr pt-.rtib.b nv tho
Constitution oil Tho State of L.nnislaua, has
become a law wiihont his APPROVAL. =
No 40 AN ACT
To incorporate he New Qll.ans Ela..