New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-04-02

parish of Orleans, on the Attorney
General, and if in any other parish,
on the proper district attorney or dlstr1ct
attorney pro temp0re, and such officer snall
thereupon have sole charge of the conduct
of such action; provided, that the Governor
or the Attorney General may, in any case
of necessity, designate an attorney at law
to assist the attorney of the State, or IN
case of his absence or inability to act, or II
he be unwilling or interested, to take
charge of such case, with power to act.
And i. shall be the duty of the Auditor OF
Public Accounts, the State Treasurer, and
other ministerial officers OF the State, or
persons charged with the execution OF any
State contract, or act enJoined by law. or
pertaining to the duties OF his station, on
application, or if he have doubt as to the
proper course to be pursued. to refer the
matter. with all information in his posses
sion. TO the Attorney General of the State.
SEC. .. Be it further enacted, ETC., That
hereafter it shall not be lawful tor any
court of the State to entertain. or MAINTAIN,
or recognize any action, suit, writ, or other
legal process, nor any pleading IN any case
wherein the Auditor of Public Accounts,
the State Treasurer, or any other mlnlste-
rial officer, appears as party to the record
either in person or by private counsel, but
all such proceedings shall be refused or dis
IL
case of non suit, without prejudice to the
rights Of parties interested; provided, that
in every such case the officer thus unlaw-
fully appearing shall be condemned to pay
the costs Of suit therein: and provided fur
Their that notice of such dismissal shall be
served on the Attorney General, or proper
district attorney, who may. on motion, re-
instate and maintain such action as it stood
at the moment of dismissal, without preju-
\ 10 {bo p;0 Of tar Tod !
deem it eXpedient so to do.
SEC. , Be it further enacted. ETC., That
hereafter it shall be unlawful tor the Auditor
of Public Accounts TO demand, receive or
accept any other fees, reward. cOmpensa-
ton or salary than the salary OF five thou
sand dollars per annum. allowed by the
constitution, and such amount for clerk
hire. contingent expenses and ONCE rent as
may be allowed by law. not exceeding in
the aggregate twenty thousand dollars per
annum; provided, that nothing in this act
shall be construed to relieve the Auditor of
Public Accounts from the performance OF
such duties, within his Office. as are now re-
uuired bv law for the public convenience.
SEC. /. Be it further enacted. etc, That
in every case in which process issues from
any court against the Auditor of Public Ac-
counts. or any other ministerial officer of
the State service shall be also made on such
officer, and he shall be amenable, as hereto
fore, to all process of courts, and subject to
punishment for. any violation of any order,
writ or Judgment, as now provided by law,
and such further punishment as the court
nay deem necessary to maintain its juris-
fiction and enforce its mandates.
SEC. 5. Be it further enacted, etc. That
his act shall take effect from and after its
passage, and all laws or parts of laws con-
iicting herewith are hereby repealed.
iSignedl o. II. BREWSTER,
Speaker of the House of Representatives.
lSigned) 2. b. $. PINCHBACK.
Lieutenant Governor and President OF the
Senate.
Approved March 6, 1872.
(Signed) H. G. WARMOTH
Governor of the State OF Louisiana.
A true copy:
FL. HEBRON.
Secretary of State