New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-10-21
mo. 15e.
AN ACT

A1N AZ Il
To Amend and Re-enact an Act Entitled
An Act Providing a Remedy Against
Usurpations, 1ntrusions Into, or the I'm
lawful Holding or Exercising a Public
Office or Franchise in this State, approved
September s, 1868.
SECTION /. Be it enacted by the Senate
and House of Representatives of the State
OF Louisiana in General Assembly convened,
That the act entitled au act providing a
remedy against usurpation, intrusion into,
or the unlawful holding or exercising a
public office or franchise in this State an.
proved September eight (S), eighteen
hundred and sixty-eight Q86S) be and the
same is hereby amended and re-enacted so
as to read as follows; That an action by
Petition may be brought before the proper
District Court or Parish Court by the Dis
trict Attorney or District Attorney pro
teBpore and for the parish of Orleans by
the Attorney General or any other person
interested, in the name of the State, upon
his own Information or upon the iniorma-
ton OF any private party against the party
or parties offending, in the following cases
Flrst-When any person shall usurp, in
trude 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 to be done, an act
which by the provisions Of law shall work a
-OII6lIuIt OF MS O1lCe; or
Thtrd-When any association or number
of persons shall act within this State as q
corporation without being duly incorpo.
rated.
SEC. 2. Be it further enacted, etc. That
in the cases mentioned in the foregoing sec.
tion it is hereby made the duty OF the Dis.
triCt Attorney, or District Attorney 0rO fe51.
pore OF the parish in which the case arises.
and for the parish of Orleans by the Alton
ney General, to bring action against the
offending party or parties, when so required
to do.
SEC. 8. Be it further enacted etc. That
service shall be made in such cases as are
provided for in the foregoing sections. the
same as in other civil suits, and the answer
OF the defendant shall be filed within the
legal delays as in other suits; such cases to
be tried by preference over all other cases,
without being fixed for trial after issue
Joined.
See 4. Be it further enacted, etc., That
when an action shall be brought by virtue
OF the provisions of this act BY the District
Attorney or District Attorney pro tenspore,
or tne Attorney General, as the case may be, 4
on the relation or information of any person
interested, the name of such person shall
be Joined with the State as plaintiff.
SEC. D. Be 1t further enacted, ETC.. That
whenever such action shall be brought
against q person fer usurping or intruding
into public office, the District Attorney or
District Attorney pro tenpore or the At. |
to?rney General, as the case may be, In addi- |
dition to the statement of the cause Of action. |
may also set forth in the complaint the |
name OF the person rightfully entitled to the |
office, with a statement of his right |
thereto, and In such case on proof |
that the defendant has received fees |
or ,emouments belonging to said office, an |
oruer may De granted by a competent |
for the n ofl H.. -
for holding him to bail, and thereuoon he |
shall be held 70 bail, subject to the same
rights and liabilities as in other civil actions
when the defendant is subject 70 arrest.
SIC. g. Be 1t further enacted, ETC.. That |
If the Judgment be against the defendant
AID rendered upon the right of the person |
80 alleged to be entitled, and the same he
in favor of such person, he shall be entitled, |
after taking the oath of office, and other. |
wise complying with the requirements Of |
law, totake upon himself the execution Of |
the office, and 1t shall be his duty immedi. |
a. ly thereafter to demand of the defer. |
dant IN the action all the books and papers |
pertaining to said Office.
SHo-7. Be i further enacted, etc., That
II the defendant shall refuse to de-
livtr over such books or papers upon
demand he shall be deemed gull
~ OF mlsdemeanor and prosecu.
ton thereof b. Indictment or Information.
anu upon CONVICTION hned not less than two
hundred dollars or imprisoned at the fisore.
ton OF the court, not exceeding one year.
SEC. D. be II further enacted. etc That |
If the judgment be rendered In favor Of |
the person 80 alleged to he entitled he MAJ. |
recover BY action the damages which ~ |
shall have sustained by reaeon Of the nsnT- |
patton BY the defendant of the Office from
which such defendant has been exclnded- :.
hEc. D. Be 1t further enacted. etc. That
where several persons claim to be entitled |
TO the same office or franchise one action
may be brought against all such persons n |
t ne same action in order to try their rights |
10 such oilice or franchise.
HEo, 10, Be il further enacted. etc. Thai
when defendant, whether a person or A cor.
poration, against whom such action shall
have bseh brought, shatl be adiudged guiifv
81 qsazplng, OF lntruding into, or unlaWk
fully holding or exertIsIno anv ONCE
nAnSAlse OF privilege. Judgment shall be-
tenaezfa tllat such defendant be excluded
Mom sue1 Office, franchise Or privilege, and
also VA we plaintiff recover costs against
s1cn defendant, and such damages as are
proven TO haFe been sustained. q
eEc. Ut Be = s1fthaf enaet6d. "a. TSat
al Lava or parts q laws Ia this State 1breh |
1ng ca t4e eubIect Of quo scayrdnlG. con
nictinB directly o. i11lrecfiv with 11T az |
the pro lAI111 Of this act. be and the same |
are herah7 fauoaaed. 1s5 n ri 4 f77'
Sac. y. - Is further ensesed ein.t q,taf
appeals % the Supreme CouFf II1f ~ 'fs7--'I.
iEcm any Of the sections provided for IN me
,2fsEeing sections, Tie same q N other