New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-14
no. .s!po
An ACT
l.. g. NESLOHDE..
~..-..yarup t NtLr.

To amend and rr-enaC; an ace entitled IAN
act 70 regulate proceedings IN crntesta,
tions between ;6rsUn. c!ain.ug judicial
Office. approved JanGaCt -. 1873.
SECTION /. BE Il enacted by the senate
and House of Representatives ct IN" S:dtt
of Louisiana IN Genera. Assembly con
ve,ed. That &C; No. II. entitled ",G act 70
regulate proceedings N contestAtIon- be-
tween persons claiming judicial ".nce. aP-
proved Ja.,uary -. 1913. be and tn" San.
:. hereby amended aud Te-enaCttd 80 "a to
read a. follows. That. IN any case n when
Il person claiming 70 have been appointed
to the s:tiCe OF Judge Of am; court N TINS
State, and shall! have been confirmed by
, She Senate and commissioned th"re-", or
. .hail have been elected. and, IL pursuance
, of said election. shall have been comMi--
stoned. such commission shall be pG'!Lh
!acie proof of the igLt al .uCiI person to
immediately bold and exercise such Office.
SEC. :. Be it tuah.T enacted. &c. What
If anv person, being an incumbent OF such
office, or any person pretending 20 hold ar
exercise 81 judicial Ctficn. shall refuse 10
vacate said Office, or deslst from exercising
such judicial functions. and turn the same
over to the person 40 COMMISSIONED. SUCH
person 80 commissioned shai! nave the
right to proceed by rule before any court OF
competent jurisdiction 70 have himself de-
and to be ;aduotei thereon. Such
rul. shall De taken contradictOrliy
with such incumbent or person pretending
20 hold or exercise judicial functions. and
shall be made Teturnable within twenty
four hours, if the defendant n said rule re-
aide within ten miles nf the court, with an
additional twenty-tOUr hours FOR every ad-
ditioual ten miles his said residence may
be from the court issuing said rule. And
~ I,n h. sFsnh a f4s y and
without jury. and by preference to all other
matters or causes PENDING in said court,
and the Judgment thereon shall be signed
the same day of its rendition: provided.
that when any party may desIro to take
such rule or make application for removal
Of his case. rs provided III section - OF
This act. il the court NAV not be III session.
the same may be granted at cham beis. 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 tvla. of any -uch rule.
SEC. :. BE It further enacted. etc, That
in case of recusatlOn. or :nabIllt. tr0n
any cause whatever. the judge o! judges q!
the parish or district wherein the persons
80 contrasting shall reside. shall! be unable
TO act. then and in that case the plaintiff III
said rule may take said rule before the
Judge OF the adjoining parish or Judlcla!
district or 20 the Super iOr Court at New
cases HOW pending. ~ which conte6tatiOn
between persons claiming Judicial office Is
the subject matter at issue. either party
shall! have the right TO have his cause TT.
moved TO the adjoining parish or Judicla!
district, or to the Superior Court at New
Orleans. upon application to thu judge OF
any adjoining parish or judicial district. or
. Superior Court at New Orleans. amt afti-
dav!t Of the -ecuHati, II or insbliHy Of the
ind tn t-BTI lDr,4. orI
upon the party fling sal! application and
, affidavit. the cOur: shall. by order,
direct the removal OF suck cause and
, the record shall thersrprn be transferred
, to the said court: and IN ease uf inability
. on the pant of the parry applying to obtain
said record. or d duly certified copy thereof,
sworn copies al the record may he hled
. with tue court. and the case sHal.
thererpon BE tried in same manner as il
the original record was with the court. pro-
. vided. that before any case so removed az
the instance Of any party shall 0e proceed
ed with. the CouGt making the removal
shall require that the adverse party shall
bave twtuty-tour hours MOTTO. with an
additional twen:y-four for every ten rDiiee
his place OF residence may he from the
court.
SEC. 4. Be it further enacted. etc. That
either party 10 such rule Ray tai. an ap.
peal from the Judgment thereon. IVA: sach
appcai shal! be applied tor within three
Judicial! days from the rendition o! tn. ,UdG Z
nent on Sad rule. and shall be made re,
tEruable TO the Suprs me CouY: within five
days. with IN additiOna. Dis; f.: every ter.
niles the place of holding :he court may
be from the place wht.- the Suprem" CouI:
is holding its session. The appeal shall bo
taken up By the Supreme Court. by prefer.
ence over all other cases. imme Giately upon
the application OF either party. and Vic
Judgment thereon shall become final. afre.
expiration ct t"e !e:a. day. whether !u.
licial or not.
SEC. ;. Be It furthe: enacted. etc. That
.ll laws or parts a. laws conflicting with
this act, and al laws OF h" saline subj, CT
matter. be and they are hcr-.'y r,.r"ale,',
and that this act eha!! take effect from and
att-r its passage.
iSignad, CHARLES w. LOWELL.
Speaker Of the House of representatives.
(Sigued) e. G. ANTOINE.
lieutenant Governor ana !'rt-iie..: ot ~"
Senate.
Approved March ). Isl,
iSigned: WILLIAM +. HEi.i.DiNi.
Governor Of The STATE %! is,UI-..r..
4 true copy:
Z. G. DEsLoNnE.
Seer, tarE- ~: stats