Le Louisianais. [volume] (Convent, La.) 1865-1883, 1869-06-12

Of the sheriff or any of his deputies for con-
tempt, as herein provided for, The coroner, OF
any constable Of the pari,h named BY the
Judge shall act; and if there be neither coroner
nor constable at hand, the Judge shall appoint
some suitable person 10 ACT in executing his
order, who may be dismissed or suspended, a,
the discretion Of the Judge and if ii be the
coroner who is in contempt, The sheriff OF any
Of his deputies or constable may act, and if 1t
be The constable who is in contempt, the sheriff
or any of his deputies, or 'hr coroner may act
and IN all eases, if there be ITO officer a, hand
10 net, the cout, shall apppin, some proper
person 10 do so.
Sic. s. BE it further enacted. etc Tha,
a neglect, failure, refusal Of any sheriff OF his
deputy or deputies, OF the coroner, or constable
TO serve any citation, levy any attachment,
provisional seiznro, seQuestralion, Injunction,
execution, arrest, OF other legal process in
either a civil Or criminal proceeding by which,
any person, the State, pari-l, municipal
corporation, or other cor poration, or persons
ordering the same, shall be injured, or lose
THEN recourse on the claim susd on, OF on the
property which was liable TO seizure under any
Of snc1 writs At The time they were placed in
the hands Of such officer, said officer shall bs
responsible, as well as their securities on their
official bonds, 10 the party 50 injured or
damaged for the full amount, owing on tho
claim sued on, or the Wi, they have failed to
execute, or other damage, and proof by the
patty injured that The failure # The said officer
10 serve the citation or other writ on the pro-
per party, or that he made illegal service
thereof, so that prescription barred tire claim,
OF the court va. deprived Of jurisdiction, or
thai when The writ Of attachment, provisional
seizure, sennes'ra'ion, injunction, execution,
a@Ftcs,, o. other legal process was placed in such
officers har.ls, the party or parties ayaius,
whom such wits were issued, had property.
rights or credits liable to seizure, aud within
the jurisdiction Of snch officer, and lie failed 10
sc,zc the same, shall be Yrima tacie evidence
Of liability Of such officer and his securities
writ, pror'del a',rays, that The sheriff or cihc.
officer shall have Tie rinh, 10 require an
indemnjryjns bond in cases now provided by
SEC. +. Be il flrtler enacted, ETC. Thu,
my clerk # The conr, who shall neglect. fan
or refuse 10 issue any copy, paper. citation,
wrt' or other process when so required 10 DOLBY
any party or their counsel authorized 10 reonire
such service, who has nude The proper deposit
and complied with The requirements Of law
authorizing them to dema~h snch service from
The clerk. such clerk. shall. on such facts beiun
TO the attention of the conr, in writing,
sworn 10 by The party making il, which shall
be s"f.ei with the order made thereon by tho
niae, hsing The time for trial thereof. nc.
exceeding Two days from the date OF The order.
snd on snch Trial, wl.ch shall be ummar
md wt'Etonr jury, if snch clerk shall be found
unity OF ii1e charge, he shall be considered in
contempt q court and he fired in q sum no,
one hundred dollars, or imprisoned
'ot exceeding thirty days, or suspended from
'tfice, either one or all, and The ele,k and Nj.
ecnrltIeS on his official bond shall be resnon.
lhe 70 any party for any damage ,ha, NAV
esnlt from his failure, refusal or necIcc, n
'clform any duty required Of him by law. II
clerk is suspended from office, il shall he
he duty O. The district Judge TO appoint a cIe,k
act in his place, who shall take the oath
nd gave The bond required Of clerks, and who
hall receive all The fees and enrolment, u,
he office during the time he acts as clc,h
hat when any l"dge shall suspend any cle,k
'on Once, he shall transmit to The Gnyernor
'e proceedings, evidence and judgmen, Of
uspension, who shall lay tie same before the
legislature at lis next session, 10 The end ,hs,
le Legislature may ralify or reiec, such
'fom othce, That il the suspension
loGld be ratified, then such office shall hs
vacant. and be filed as provided
law, II the Legislature shall fail 10 ra,ify
lch suspension from office, then such Office,
10 be restored 10 his office, bu, shall ha
'eie Tor any contempt or delinquency there
ter as in The frs, instance A
'ture OF the Legislature 10 act a, the frs,
ssion after such Suspension shall leave the
IN force protided, ,ha, the Lepi,-
re may act on the case a, any subseouen,
ssion' and the consequence Of their action
all be as above Sc, forth.
SEC. . be II further enacted, etc, That
J failure OF The clerk Of any cour, 10 comply
IN any lesa' tofmality in issuing citation,
'l'ion, OF other process, or The same ia no, /.
'e copy, or legal in form or substance. mn
snail be charged by the clerk for jssuino
ch copy or process; aud he shall moreover
responsible to The sheriff 70, any cos, he
y incur in executing or attempting 10 exe.
|e any such process, and The parties to such
'shaH nosh charged with any Of Tho cls,h,.
sheriff $ costs above referred to, and any cost,
II may be incurred by any sheriff in exscu,;,.
10 execute or serve any writ Or
or other process with has M, .
sen'ed or served In the manner pointed ov,
law, shall not be charged agains, apv n.,,v
any sn'i' but all snch costs, and The expenses
'aen' thereto shall be borne by such sheriff.
SfSNeu( CHAS. " "