The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1868-11-14

SltCu case OH PROOF IudC7 lIle u6
fendant has received fees or emol-
uments belonging to said office,
an order may be granted bya com
petent court for the arrest of said
defendant, and Tor holding him to
bail, subject to the same rights
and liabilities as in other civil ac-
tions when the defendant is sub
,ject 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, he shall
be entitled, after taking the oath
of Office, and otherwise complying
with the requirements of law, to
take upon himself the execution
of the Office, and it shall be, his
duty Immediately thereafter to
demand of the defendant in the
actian all the books and papers
pertaining to said office. .a...
Sec. Z. Be it further enacted,
etc., That if the defendant shall
refuse to deliver over such books
or papers upon demand he shall
be deemed guilty of a misdemean-
or, and prosecution thereof by in
dictrnent information, and upon
conviction fined not less than 5000,
or imprisondd, at the discretion of
the court, not exceeding one year.
Sec. s. Be it further enacted,
ETC., That it the Judgment be rem
dered in favor Of the person so
alleged to be entitled, he may re-
cover by action the damages
which he shall have sustained by
reason of the usurpation by the
defendant of the Office from which
such defendant has been excluded.
Sec. 9. Be it 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
in the same action in order to try
their rights to such office or fran
chise. ~
Sec. 10. Be it further enacted,
etc, That when defendant, wheth-
er person or a corporation,
against, whom such action shall
have been brought, shall be ad-
judged guilty of us,1rpihg, or in
truding into, or unlawfully hold
ing or exercising any Office, fran
chise or privilege, Judgment shall
he rendered that such defendant
be excluded from snch Office, fran
chise or privilege, and also that
the plaintiff recover costs against
such defendant, andsuch damages
as. are proven to have been sus-
tained. ~''A''
Sec. II. Be it further. enacted,
etc, That all laws or parts of laws
i'll this State touching on the sub
iect of QUO Warranto, of tliis act
be. and the same are hereby re
pealed. Bag MI gey
Sec. -. BE it farther enacted
etc, That appeals to the Supreme
Court may be taken from any o
the actions provided for III tht
foregoing sections, the same as il
other cases. But all such icase.
shall take preference when they
come before the Supreme Oour
over all other cases in the order o
trial. and shall be made returnabl,
TO the Supreme Court, either il
New Orleans or at one of its ses
si0ns in the country, on motion o
either Of the parties. A"t'Ai .'l.' g
4 E Sec. 13. Be it further enacted
/ etc, That all the cases comins
under the provisions of this Law
may be tried before a judge Of tn
/ Observation-Disclosures, or at specia
! term called BY said judge on lega
notice being given the parties in
terested, and, il required by eithe
4 inarty. the judge may order a spe
!. cial jury, to be summoned accord
fling to law, to try such case.
Sec. IA. BE it further enacted
etc, That this act shall take e
| feet from and after its passage,
II a CHAs. w. LOWELL
i Speaker House Representative
0 lE OsCAN j. DUNN, ~
i LIT. Gov. and President Senate
II Approved October 15, 1868.
lls.s h,lg H, G., MAMMOTH, d
Governor State Louisiana
A true copy: eoate
GEO. E. BoVEE, -
SnerataVv IF Stat