New Orleans Republican., 1873-03-13

road as follows: That, IN any case In Whlcn
a person claiming to have Deen appointed
10 the office of judge OF any court IN THIS
state and shall have been confirmed by
he Senate and commissioned thereto, or
shall have been elected, and, in pursuance
of sajd election. shall have been commits
stoned, such commission shall be Drlma
tacie proof of the right Of such person TO
Immediately hold and exercise such office.
SEC. 2 Be it further enacted. etc, That
if any person, being an incumbent Of such
office, or any person pretending to hold or
exercise a judicial Office, shall refuse to
vac4te said Office, or desist from exercising
such judicial functions, and turn the same
over TO the person So commissioned, such
person so commissioned shall have the
right to proceed by rule before any court OF
competent jurisdiction to have himself de-
clared IA be entitled to such office,
and TO be inGucted thereon. Such
rule shal! be taken contradictorily
with such incumbent or person pretending
to hold or exercise judicial tun, tons. and
shall be made returnable within twenty
four hours, if the defendant in said rule re-
side within I mile, q; the court. with an
additional twenty -frur hours for every ad-
ditiODal ten miles his said residence may
be from the court issuing said rule. And
the ease shall be- tried Immediately and
without nrv, and by pr' ference to all other
matters Cr canses pending IN said court,
and the Judgment thereon shall be signed
the same day OF its rendition; provided.
that when any party may desire to take
such rule or make application for removal
Of his case. as provided in section - ot
this act. if the court may not be III session,
the same may be granted at chambers, and
il shall be the duty of the said court to try
the same at chamber, or TO open and hold
special term for the trial Of any such rule.
SEC g. Be il further enacted. etc. That
in case Of recusation, or inability from
any cause whatever. the Judge or judges OF
the parish or district wherein the persons
SO cortestiug shall reside, shall be unable
to act. then and in that case the plaintiff in
said rule may take said rule before the
judge Of the adjoining parish or Judicial
district, or to the Superior Court at New
Orleans 20 he may deem advisable; and III
eases now pending, in which cOntestatiOn
between persons claiming judicial Office is
the subject matter at issue, either party
shall have the right to have his cause re-
moved to the adjoining parish or judicial
district, or to the Superior Court at New
Orleans, upon application to the Judge of
any adjoining parish or iudicial district, or
Superior Court at New Orleans, and atfi-
davit Of the recusatiCn or inability of the
judge to act trom any legal cause. and
upon the party filing said application and
affidavit. the court shall, by order,
direct the removal Of such cause and
the record shall thTeupOn be transferred
TO the said court: and III case Cf inability
on the part of the party applying TO obtain
said record, or duly certified copy thereof.
sworn copies Of the record may be fled
with the court, and the case shall!
thercupon be tried in Same manner as if
the original record was with the court; pro-
vided, that before any case so removed at
the instance OF any party shall be proceed
ed with. the court making the removal
shall require thai the adverse party shall
have twenty-four hours notice. with an
additional twentyfour for every ten miles
his place OF residence may be from the
court.
SEC. 4. BE il further enacted. etc. That
either party to such rule may take an ap
peal from the Judgment thereon, but such
appeal shall oe applied for within three
judicial DAYS from the rendition OF the judg
ment on said rule. and shall he made re-
turnable TO the Supreme Court within five
days. with an additional day for every ten
miles the place of holding the court may
be from the place where the Supreme Court
is holding its session. The appeal shall be
taken up By the Supreme Court. by prefer
ence over all other cases, Immediately upon
the application OF either party, and the
Jut5HltEI lBeFSbH Sia4I DtCoLIt Lhdl, 'tilti
expiration OF iwo legal days. whether ju-
dical or not,
SEC. 5. Be il further enacted. ETC.. That
all laws or parts Of laws conflicting with
this act. and all laws on the same subject
matter, be and they are hereby repealed,
and that this act shall take effect from and
after its passage.
(Siguedi CHARLES w. LOWELL.
Speaker Of the House of Representatives..
(Signedl {. c. ANTOINE,
Lieutenant Governor and President O: the
Senate.
Approved March ,, 1873.
lsigued) WILLIAM i. KELLOGG,
Governor Vi the State OF L0u.sIana.
4 true copy:
=. G DEsIOHDF.
Secretary Of State.