Rapides gazette. (Alexandria, La.) 1869-187?, 1873-08-23
NVS
OF TIE
No. 6S.
AN ACT

To amend and re-enact Sections $50, $50
and 361 of revised Statutes, and to dc
away with unnecessary costs and expen.
SEES in the canceling of official bonds.
I SECTION 1. Be it enacted by the Senate
| and Horse ct Representatives of the State
| of Louisiana in General Assembly conven.
ed, That sections $50, 500 and 361 Of the
Revised Statutes of the State of Louisiana
be amended and rc-enacted so as to read as
follows:
SEC. $50. The Governor is authorized to
raise and annul on the application of any
interested party all bonds with security
and all mortgages which have been fur,i-
ished 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 one hundred and
twenty days after the retirement in any
manner as aforesaid, or before the applica-
ton, or demand made for such raising or
annullment
SEC. $50. Any person, firm or corporation
or public officer having any claim, debt or
cause of action, or official cause or r.e-
against the annullInent of suc1 ,na oUd
mortgage, shall furnish IT," secpeta y rn y,
State, in writing, With sneb reason or 80 -. ~
ment OF cause VII one hundred and
soa ~ 1 y" 5 after the retirement FROM Of
IVY che officer for the faithful pcrfor-
:, ..ianee of whose duties the bond in question
was given.
SEC. 361. The Governor shall call upon
the Secretary of State in case of any de-
mand for the raising and annullment of a
bond and mortgage, and upon the certifi-
cate of the Secretary of State that no writ
| ten opposition or stateRert of cause has
been received by him, the Governor shall
order the raising and annullment according
| ". No bond of any tax collector or asses
sor shall be raised or annulled until the
| certificate ofthe Auditor of Public Accounts
of full payment and faithful collection OF
moneys, or faithful performance of all du-
ties as required by law, shall have been
furnished. But. the annullment of the
bond and mortgage and their cancellation
herein provided for shall not exempt the
officer himself, his executors, heirs or as
signs, from personal suit as in case of debt
or damage, If brought before the period Of
prescription thereto applying in law.
SEC. 1862 Whenever, according to the
certificate of the Secretary of State, opposi-
ton shall have oeen made, it shall be the
uuty OF Tue OONernOr, on Jue uenlaHu Oh
either party, to refer the matter to any
court of competent jurisdiction, that it
NAV decioc on their respective rights ac-
cording to law. In tne absence ofsuch de-
mand and reference, if the party opposing
or stating cause, fail to bring suit OF cause,
the same to be brought within the period
of prescription applicable to claims in ques-
ton, or to notify the Secretary. OF State
that he has so done, then the bond and
mort gage shall be raised and annulled, not
withdrawing the opposition or statement
of cause previously filed or given.
SEC. 2. BE it further enacted, etc., That
this act shall have force and effect from and
after its passage, and all laws or parts OF
| laws are hereby repealed as far as SO con
ficting.
ISignedl CHARLES w. LOWELL
Speaker of the House of Representatives.
Tsigpedl C. c. ANTOINE,
LieutS pant Governor and President of thu
Approved March e6, 1873.
TSfrned1 WILLIAM p. KELLOGG,
Governor of the State of Louisiana.
A true copy:
p. G. DEsLoNDE,
Secretary ofState.