The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1873-08-09
ing judicial Office" approved Janu-

Section j. Re il enacted by the Sen
ate and House of representatives of
tie State of Louisiana in General As
sembIy convened, That act M. IL,
entitled An Act to regulate proceed
ings in CONVERSATIONS between persons
claiming judicial office" approved
January Is, 1873, be and the same is
hereby amended and re-enacted so as
to read as follows: That in any case
in which a person claiming to have
been appointed to the office of Judge
of any court in this State. and shall
have been confirmed by the Senate and
commissioned thereto, or shall have
been elected. and, in pursuance of said
election, shall have been commission
ed, such commission shall be- prima
facie 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 anincumbent
OF such office, or any person pretend
ing to hold or exercise judicial office,
shall refuse to vacate said office, or de-
sist from exercising such judicial func-
tions, 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
declared to be entitled to such office,
and TO be indicted therein. Such rule
shall be taken contradictorily with
such incumbent or person pretending
to hold or exercise judicial functions,
and shall be made returnable within "a
hours if the defendant in said rule re-
side within ten miles of the court, with
an additional "a hours for every addi-
tional ten miles his said residence may
be frum the court issuing said rule
And the case shall be tried Immediate
ly and without jury, and by preference
To all other matters or uauses pending
in said court,amd 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 - of this
act; If the court may not be in session,
the same may be granted at chambers.
and it shall 6e the duty Of the said
court to try the same at chambers, or
to open and hold special term for the
trial of any such rule.
Sec. 3. BE it further enacted, ETC.,
That III Case of rrcusatiun. or Inability
! from any cause whatever. the Judge or
judges of the parish,or district wherein
the persons 81 contrasting 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 ad
joining parish or judicial district. or To
the Superior Court at New Orleans, as
he may deem advisable; and in cases
now pending, in which CONDENSATION be-
tween persons claiming judicial office
Is the subject matter at issue, either
party shat! have the right to have his
cause removed to The adjoining parish
or judicial district, or to the Superior
CoIrt at New Orleans. upon applica-
ton tn the judge of any adjoining pa1
ish or judicial district, or Superior
Court at New Orleans. and affidavit of
the recusatiOn or inability of the Judge
to act from any legal cause, and upon
the party filing said application and
affidavit the court shall, by order. III
rect the removal of such cause, and the
record shall thcreupon be tran Sferrad
tn the said court, and in case of ina
biliE0T ON the part of the party apply
ing I" obtain such record. or Il du.y
certified certified copy thereof, sworn
copies of the record may be filed with
the court, and the case shall thrreupou
be- tried in the same manner a. If the
original record was with the court; pro.
vided, that before any case SO removed
at the instance of any party shall be
proceeded with, the making the remov.
al shall require that the adverse party
shall have II hours notice. with an
additional "A for every ten miles hi,
place of residence may be from the
court.
Sec 4. Be it further enacted, etc,
! That either party to such rule may Ia k
an appeal from the Judgment thereon
but such appeal shall be applied for
within three judicial days from the rem
dition ofthe Judgment on said rule.anC
shall be made returnahle to the Su.
prerne Court within FIVE days, with al
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 Ee. taken up by the Su
preme Court, ny preference over al
other cases, Immediately upon the
application of either party, and til,
Judgment thereon shall become final
after expiration of two legal days
whether Judicial or not.
Sec. ). Be it further enacted, etc.
That all laws or parts of laws conflict
ing with this act and all laws on tn,
same subject matter, be and they ar,
hereby repealed, aud that this act shall
take effect from and after its passage
(Signed) &. w. LOWELL,
Speaker House of Representatives