New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-08

proyed January -. 1873, be and tire same
| ia 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, OF
| shall have been elected, and IN pursuance
| of said election, shall have been commits
| stoned, such commission shall be prima
! tacie proof of the right of such person to
| immediately hold and exercise such Office
| SEC. .. Be it further enacted. etc, That
! # any person, being an incumbent OF such
| office, or any persoa pretending to hold OF
exercise judicial office, shall refuse 20
vaCate said office, or Gesist from eXerC sing
such judicial functions and turn the same
over to the person so commissioned, such
person so commissioned shall nave the
right to proceed by rule before any court OF
competent jurisdiction 10 have himself de-
clared to be entitled to such Office.
and TO be indicted thereon. Such
rule shall be taken contradictorifv
with such incumbent or person pretending
to hold or exercise judicial functions, and
shall be made returnable within twenty
four hours, if the defendant in said rule re-
side within ten miles 81 the court. with au
additional twentv-tOur hours tor every ad-
ditional ten miles mis- said residence NAV
be from the court issuing said rule. And
the case shall be tried immediately and
without jury, and by preference to all other
matters or causes bending 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 OF make application for removal
OF his case. as provided n section Of
this act, If the court may not be III session,
the same may be granted at cham bers. and
It shall be the duty of the said court to try
the same at chamber, or TO open and hold a
special term for the trial of any such rule
SEC. 3. Be it further enacted, etc, That
in case of recusatiOn, or inability from
any cause whatever, the judge or jud yes of
the parish or district wherein the persons
so 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 adjoining parish or judicial
district or to the Superior Court at New
Orleans, as ne may deem advisable; and il
cases now pending, in which condensation
between persons claiming judicial office il
tbs subject matter at issue, either party
aha;l have the right to have hfs 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 judicial district. or
Superior Court at New Orleans, and atfi-
davit Of the recufati, 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,
direct the removal of such cause and
the record shall thereupon be transferred
to the said court: and III case ~ inability
on the part of the party applying to obtain
said record, or duly certified copy thereof,
sworn copies of the record may be filed
with the court. and the case shall
thereupOn 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 ccur: making the removal
shall. require that the adverse party shall
have twenty-four hours notice. with an
additional twenty-four for every ten miles
his place o: residence may be from the
court.
SEC. J. Be it further enacted. etc. That
either party to such rule may take al APP
peal from the Judgment thereon, but such
appeal shall De applied for within three
judicial DAYS from the rendition of the jldg
ment on said rule. and shall be 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 he
Idheu up W inc Cupttu-6 COuIts ny prefer
ence over all other cases. immedl lately upon
the application of either party, and the
Judgment thereon shall become final, after
expiration of TWO legal days, whether ju-
dicial or not.
SEC. 3. Be it further enacted. etc. That
all laws or parts Vi laws conflicting with
this act, and all laws on the same subject
matter. be and they are hereby repealed,
and that TINS act shall lake effect from and
after itS passage.
CSigned) CHARLES w. LOWELL.
Speaker of the HOUSE OF Representatives.
(SignedD c. c. ANTOINE.
Lieutenant (iovernc. and President .: the
Senate.
Approved March :, 1873.
,Sigued, WILLIAM T. KELLOGG.
Governor OF the State of Louisiana.
a true copy:
+. G DESLOsnk.
Secretary ut :. tte.