Rapides gazette. (Alexandria, La.) 1869-187?, 1873-07-05
AN ACT
No.5E

To amend and re-enact sections $50, 800
ard 361 of Revised Statutes, and to do
away with unnecessary costs and expen-
SEES in the canceling of official bonds.
Section I. Be it enacted by the Senate
and House of Representatives of the State
of Louisiana in General Assembly cOnven-
ed, That sections $50, 360 and 361 of the
Revised Statutes of the State of Louisiana
be amended and re-enacted SO as to read as
follows:
SECTION. $50. The Governor IL authoriz-
ed to raise and annul on the application OF
any interested party all bonds with securi-
ty and all mortgages which have been fur
nished by any public officer who may have
resigned or died, or whose Office may have
expired by limitation, or when dismissed
from Office whenever there shall be no OPP
position thereto received in the Office Of the
Secretary of State within ono hundred and
twenty days after the retirement in any
manner rs aforesaid, or before the applica-
ton or demand made for such raising or
annulment.
Sec. $50. Any person, firm or corporation
or public officer having any ciaiin, debt or
cause of action, or official cause or reason
against the annulment of such bond and
mortgage, shall furnish the Secretary OF
q ate, in writing, with such reason or state
ment of cause within one hundred and
of the officer for the faithful performance
of whose duties the bond in question was
given.
NC. 361. The Governor shall call upon
the Secretary of State in case of any de-
mand for the raising and annulment Of a
bond and mortgages, xud upon the certif-
cate of the Secretary of State that no writ
ten opposition or statement of cause has
been received by him., the Governor shall
order the raising and aDnulment according.
No bond of any tax collector or assessor
sail be raised or annulled until the certi-
feate of the .auitor Of Public Accounts o.
full payment and faithful collection OF
moneys, or faithful performance of all du-
ties as required by law, shall have been
furnished. But the annulment of the bond
and mort gage and their cancellation herein
provided for, shall not exempt the officer
himself his executors, heirs or assigns,
from personal suit rs i'll case of debt or
damage, if brought before the period OF
prescription thereto applying in law.
SEC. 1852. Whenever, according to the GER
titicate of the Secretary ofState, opposition
shall have been made, it shall be the duty
of tho Governor, on the demand of either
party, 10 REFER TIC LusttteT ~ airy toui
of compel emf jurisdiction, that it may de-
eide on their respective rights according to
law. In the absence OF such demand and
reference, if the party opposing or stating
cause, fail to bring suit or cause the same
TO be brought within the period Of prescrip-
ton applicable to claims in question, ar to
notify the Secretary of State that he has SO
done, then the bond and mortgage shall be
raised and annulled, notwithstanding the
opposition or statement of cause previously
filed or given.
Sec. 6. Be it further enacted, etc, That
this shall have force and effect from and
after its passage, and all laws or parts OF
laws are hereby repealed as far as 50 con
ficting. t
(Signed) CHARLES w. LOWELL,
Speaker Of the House OF Representatives.
(Signed) &C. ANTOINE
Lieutenant Governor and President Of the
Senate.
Approved March 26, 1873.
(Signed) WILLIAM P. KELLOGG,
Governor of the State of Louisiana.
true copy copy:
P. G. DEsLONDE,
Secretary Of State.