The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-09-27
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AN ACT PROVIDING REMEDY AGAINST UsURPATIo
INTRUSION INTO OR THE UNLAWFUL HOLDING or
ExERcIsING TUBLIC OFFICE OR FRANCHISE IN
THIS STATE.
SECTION l. Be enacted Jy the Senate
and House Of Representatives of the State
81 Losssssaseet S'a General assembly oosaeeaed
mat an action by petition may be brought before
the proper district court by the attorney 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
person shaii usurp, intrude into, or unIawfally
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 for.
feiture of his office; or third when any associa.
ton or number Of persons shall act within this
State as a corporation without being duly iucor-
porated.
SEC. 2. Be ii ftatbe1. enacted, etc., That in all
such cases when made known to the attorney
general, it is hereby made his duty to so bring
action against the offending party.
SEC. 3. Be IL further enacted. etc., That service
to be had in such cases. as in other civil suits and
answers, shall be filed within the legal delay by
the defendant.
SEC. a. BE Il further enacted, etc., That when
an action shall be brought by the attorney general
by virtue of this law on the relation or informa.
ton of person having an interest in the question
the name Of such person shall be joined with the
people as plaintiff.
SEC. 5. Be ii further endcled, ETC., That whenever
such action shall be brought against person for
usurping or intruding into an Office, the attorney
general in addition to the statement of the cause
Of action, may also set forth in the complaint the
name OF the person rightfully entitled to the
cfice, with statement of his right thereto and
In such case, upon proof of that the defendant
has received fees or emoluments, belonging to
said office, an order may be granted by Judge
Of competent court for the arrest of such de.
PENDANT and holding him to bail, and thereupon
10 ha hal ~ hal IN he
and liabilities as in other civil actions where the
defefdant is subject to arrest
SEC. 6. Be 10 further enacted etc., That il
the Judgment be against the defendant and
rendered upon the right of the person so alleged
to be entitled and the same be in favor of such
person he shall be entitled after taking the oath
OF office and otherwise complying with the re-
quiIements OF law, to take upon himself the exc
cution OF the office, and it shall be his duty i'm.
mediately thereafter, TO demand of the defendant
in the action all the books and papers pertaining
TO said office.
SIC. Z. Be Il further enacted, etc., That if the
defendant shall refuse or neglect to deliver over
such books or papers upon demand, he shall be
deemed guilty OF misdemeanor, and prosecuted
therefor by indictment or information and upon
conviction fined not less than two hundred dollars
or imprisoned at the discretion of the court, not
exceeding one year.
Assc s Re agleG afqstte6&r uff Gen IN, That 4,
SO alledged to be entitled, he may recover by ac-
ton the damages which he shall have sustained nv
reason of the usurpation by the defendant of the
office from which such defendant has been ex.
cluded.
SEC. 9. Be 1t further enacted, ETC., That where
several persons claim to be entitled to the same
ONCE or franchise, one action may be brought
against all such persons in the same action in or
der to try their respective rights to such Office or
franchise.
SEC. 10. Be Il further enacted, etc., That when
defendant, whether natural person or q corpo
ration, against whom such action shall have been
brought shall be adjudged guilty of usurping or
inuudng into, or unla wfully holding or exercising
any Office, franchise privilege, judgment shall
be rendered that such defendant be excluded from
such ottce, franchise privilege, and also that
the plaintiff recover costs against such defendant
the court may also, in its discretion fine such de-
lars.
SEC. ii. BE 1t further enacted, etc., That any.
hing IN the Civil Code of this State touching the
subject OF quo trdITdntO which may directly or in
directly conflict with this law is hereby abrogated
and annulled.
SIC. IL. BE IL further enacted, etc., That appeal
Supreme Court may be taken from actions /
e law as in other civil actions, but shall /
nee to all other causes in order of 4