The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-10-23
INo. 1861

tNo. 1861
AN ACT TO AMEND AND RE.ENAcr AN ACT EMIT
tiled AN ACT PROVIDING REMEDY AGAINST
INSPIRATIONS, INTRUsIONs INTO, OR THE UNLAw
FUL HOLDING OR EXERCISING PUBLIC OFFICE
OR FRANCHISE IN THIS STATE, APPROVED SEP
TIMBER 8, 1868.
SECTION l. Be IL enacted by ne Senate and
House Of Representatives of he State of louis
Jana ~ General assembly conuened. That the
act entitled an act providing remedy against
usurpsuon, intrusion into or the unlawful holding
or exercising public Office or franchise in This
State. approved September eight (s), eighteen
hundred and sixty,eight (ls6s), 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 district attorney or district attorney
pro tempore. and for the parish of Orleans by the
attorney general, or any other person interested,
IN the name Of the State upon his own inform
or upon the Information of any private party
against The party or parties offending In { he fol-
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 to be done, an act which by the
PROVISIONS OF law shall work forfeiture Of his
Third-when any association or number of DER.
sons shall act within this State as q corporation
without being duly Incorporated.
the cases mentioned in the foregoing section il il
hereby made the duty of the district attorney or
district attorney pro tenpore, of the parish in
which the case arises, and for the parish Of Or
leans by the attorney general, to bring action
against The offending party or parties, when SO re.
CURED 10 do. - - - -
SIC. 8. BE IL further enacted, etc., That SER
vice 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 CAGES to be tried By preference over all other
cases without being fixed for trial latter issue
Joined.
SIC. A. Be il fiut7se,. enacted. etc.. That
when sb action shall be brought by virtue of the
provisions of this act by the district attorney or
district attorney pro te1npore, or the attorney
general as the case may be, on the relation or in
formation Of any person interested, the name of
such person shall be joined with the State as
plaintiff.
Sec. Is. Be Il further enacted, etc., That
whenever such action shall be brought against q
person for usurping or intruding into q public
ofice, the district attorney or district attorney
pro tenspore, or the attorney general as the case
may be. in addition to the statement of the cause
OF acten, may also set forth In the complaint the
name Of the person rightfuly entitled to the
office, with statement of his right thereto, aud
In such case on proof that the defendant has
received fees or emoluments belonging to said
ONCE, an order may be granted by competent
court for the arrest of said defendant. and for
holding him to bail. and thereupon he shall be
held to ball. subject to the same rights and liabii
ties as 10 other civil actions when the defendant is
subject to arrest.
SEC. 6. Be IL further enacted. etc.. That ~ tbe
Judgment be against the defendant, and rendered
upon the right of the person so alleged to be enti
tied. and the same be In favor of such person. he
shall be entitled after taking the oath of office,
and otherwise complying with the reouirements
of law, to take upon himself the execution of the
ONCE, and II shall be his duty Immediately there
after 10 demand of the defendant in the action all
the books and papers pertaining to said office.
pc; .. be mymu'er enacted, etc., That IL the |
defendant shall refuse to deliver over such books
or papers upon demand he shall be deemed guilty |
OF nisdemesnor, and prosecution thereof by |
Indictment or Information, and upon conviction 4
nDea net less than two hundred dollars. impris-
one year.
SEC. IS. Be Il ft,tte1. enacted. etc. That If ths |
Judgment be rendered in favor Of the person 40 |
ahegeo 10 De entitled, he may recover 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 ex- |
cluded,
SEC. b. BE IL further enacted, ETC.. That where
severaR 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
SIC. 10. Be IT, further enacted etc.. That when AZ.
PENDANT. whether person or q corporation against
whom such action shall have been brought. shall
nc auJuoged guilty OF usuEpinR, or intruding into
or uniawfully holding or exercising any office,
franchise or privilege, judgment shall be rendered
that such defendant be excluded from such Office. |
franchise or privilege, and also that the plaintiff
recover costs against such defendant, aud such
damages as are proven to have been sustained.
SIC. IL. BE 4 further enacted. etc. THAT all
laws or parts Of laws in this State touching on |
the subject Of quo wsrranto conflicting directly or
ndnec:ly with any of the provisions of this act.
be and the same are hereby repealed.
SEC. ~. BE Il further enacted, ETC., That sp-
peals to the Supreme Court may be taken from |
any OF the actions provided for in the foregoing
sections, the same as In other cases. But all such
cases shall take preference when they come be-
ore the Supreme Court over all other cases in the
order o. trial, and shall be made returnable TO the
supreme Court. either in New Orleans or a, one
u its sessions in the country, on motion Of either
of the parties.
SIC. Is. Be IL further enacted. etc. That all
ne cases coming under the provisions of this law
nay De tried before q judge of the district in
,nsmoers, or at special term called by said |
uoge on legal notice being given the parties in.
crested, and, required BY either party, the
uoge Lay ORDER special jury, to be summoned
accoroipg 10 law. to try such case. ~ 1--
shC. 81. be y Jt1ther enacted, etc. That this act |
man take enect from and after its passage.
toigneol CHAs. w. LOWELL.
Lieutenant Governor and President of the San.,,
Approved October Is, 1865.
(Signhd) II. G. WARuoru
Governor of the State Of Louisiana.
CEo. E. BovEE,
Secretary of State