The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1868-10-24
AnAct

An Act
Providing a Remedy Against Usur-
patton, Intrusion into or the
Unlawful Holding or Exercising
a Public Office or Franchise in
this State.
Sec. l. Belt enacted by the Sen
ate and House of Representatives
of the State of Louisiana in Gen
era Assembly convened, That an
action by petition may be brought
before the proper district court by
the attorney general in thename of
the people OF this State upon his
own information or upon the com
plaint of any private party against
the person or parties offending
in the following cases: First,
when any person shall usurp, in
trude into, or unlawfully hold or
exercise any public Office or fran
chise 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 a forfeiture of his Office; or
third, when any association or
number of persons shall act with
in this State as a corporation
without being duly incorporated.
Sec. 2. Be it further enacted,
etc, That in all such cases when
made known to the Attorney Gen
eral, it is hereby made his duty
to so bring action against the of,
Tending party.
| Sec. 3. Be itfurther 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. 4. Be it further enacted,
etc., That when an action shall be
brought by the Attorney General
by virtue of this law, on the rela-
tion, or information of a person
having an interest in the question,
the name of such person shall be
Joined with the people as plaintiff.
Sec. 5. Be it further enacted,
| 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
| office, with a statement of his
right thereto, and in such case,
upon proof of that the defendent
has received fees or emoluments,
belonging to said Office, an order
may be granted by a judge of a
competent court for the arrest of
such defendant and holding him
to bail, and thereupon he shall be
held to bail subject to the same
rights and liabilities as in other
civil actions where the defendant
is subject to arrest.
Sec. 6. Be it further enacted
ETC., That if the Judgment be
against the defendant and render
ed 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 requirements
of law, to take upon himself the
execution of the Office, and it shall
be his duty Immediately thereaft
er, to demand of the defendant il
the action all the books and pa
i, pers pertaining to said Office.
Sec. Z. Be it further enacted
J etc., That if the defendant shall
refuse or neglect to deliver owe,
: such books or papers upon de
: mand, he shall be deemed guilt,
| of a misdemeanOr, and prosecutet
G therefor by Indictment or informa
Q ton, andupon conviction fined no
g less than $500 or imprisonment a
4 the discretionof the court, not ex
Q ceeding one year.
i Sec. s. Be it further enacted
! etc., That if the Judgment be rer
r deren in favor of the person so a
/ lodged to be entitled, he may rt
k cover byaction the damages whic
o he shall have sustained by reaso
) of the usurpation by the 'defendan
) Of the Office from which such d'
fendant has been excluded.
|. Sec. 0. Be it further enacted