Le Louisianais. [volume] (Convent, La.) 1865-1883, 1869-07-10

navne Of the State, upon his own information
or upon the information Of any private party
agains, the party or parties offending, in the
following cases:
Tlru-When any person shall usurp,% in,rude
into or unlawfully hold or exercise any pnblic
office or franchise wi,hia this Slate OF
.Sscond-When any public officer shall have
Joue, or suffered to be done, All act which BY
tho provisions Of law shall work a forfeiture Of
his office or
Third-When any association OF number OF
persons shall act within this State as a corposa'
ton wi'hou, being duly incorporated.
SEC .. Be il further enacted, etc, That
in the cases mentioned in the feregning section
il is hereby made the duty Of the district
attorney or district attorney pro tempore OF the
parish in which the case arises, and tor the
parish Of Orleans by the Attorney General, 10
bring action against the offending party or
parties, when so required 10 do.
Sec. 3. BE il further resolved, etc, That
service shall be made in such cases as are
provided for in the foregoing sections, the
same as in other civil suite, and the answer OF
The defendant shall be filed within the legal
delays as'in other suits such cases 10 be tried
by preference over all other cases, without
being fixed for trial after issue joined
SEC. 4. Be il farther enacted, ETC, That
when an action shall be brough, by virtue of
the provisions Of this act by the district at
,orney o, district attorney pro temrore, or the
Attorney General as the case may be, on the
relation or information Of fanny person interested,
the name Of such person shall! be joined with
the State as plaintiff.
SEC. s.. Be il further enacted, e'e., That
whenever such action shall be brought against
a person fpr usnrping Or intending into public
office, the district attorney or district attorney
pro tempo,e, or the Attorney General, as The
case may be, in addition to the s,a,emen Of the
cause ~ action. may also Sc, forth in lhe com
plant the name OF The person righ'iuly
entitled 10 The ot1ire, with a statement, ot his
right thereto, and in such case on proof that
the defendAn, has received fees or ernolumen's
belonging to said office, an order may be-
granted by a Judge Of n competent court Tor
the arres, Of such defendant, and for holding
him 10 bail, and ,herrupon he shaII be held to
bail, subject 10 the same rights and liabilities
as ia other c.vil actions when the lcfendan, is
subject to arrest.
SIC. 6. Be Il further enacted, &c, That
if the judgmen, be against the defendant. and
rendered upon the nigh, Of The person 50 alleged
n, w., ,,Iiyto1 md ila : nm q la in IA vnr nj Sprb
person. he shall be entitled after taking the
oath OF office, ana otherwise complying with
bihe requirements Of law, to take npon himself
the execution of The office, and il shall be his
duty Immediately thereafter 10 demand OF The
defendant in the action all the books and papers
pc r,ainin. TO said office.
SEC, I. BE IL further enacted, etc, Thai
If ,he defendan, shall refuse To deliver over
such books or papers upon demand he shall be
deemed guilty OF a m%i,demeanor, and prosecn.
lion thereof BY indictment or information and
upon conviction fined not less than two hun.
the court, not exceeding onr year.
SEC. 8. Be il, further enacted, ETC., Tha,
if the julgmen, be rendered in favor Of the
person so alleged 10 be entitled, he may recover
by action the damages which he shall have
sustained by reason Of the usurpation by the
defendan, Of the office from such desendan, has
been excluded.
SEC. 9. Be i, further enacted, etc, Tha,
where several persons claim TO be entitled to
the same office or franchise ore action may be
brought against all such persons in the same
action in order to try their rights to such office
or franchise.
Sec. 10. Be it further enaeted, ETC, That
when defendant, whether a person OF a corpora
.ien agains, whom such action shalt have been
brought, shall be a~djndged guilty Of usuIping
or intruding into, or unlawfally holding or
exercising any Office, franchise or privilege,
%judgmen, shall be rendered that such defen.
dan, be excluded from such office, franchise or
privilege, and also tina, the plaintiff recover
costs against such defendant, and such
damages as are proven TO have been sustained.
SEC. II. Be il further enacted, ETC, That
eli laws or parts of laws in this State touching
on the snbiec. OF quo n~arranio, conflicting
dirccuy or indirectly win any oil The provisions
OF this act, be and the same are hereby
repealed.
SEQ. ~. b ii further enacted, ETC., That
appeals 10 the Suprme Conr, may be taken
from any Of the actions provided for in the
foregoing sections, The same as in other cases
Bot all such cases shall take preference when
they ZONE before the Supreme Cour, over al
other cases in the Older Of trial, and shall be
made returnabls 10 the Supreme Court, either
in New Orleans or q, one Of its sessions in the
country, on motion OF either Of the parties.
SEC. 10. Be it further ensc,ed, etc That
I oil the cases coming under the provisions. Of
j, this law may be tried before . Judge Of the
district in chambers, or at 4 special term called
!, by said Judge on legal notice bsing given tho
parties interested and if required by either