New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-07

proved January Is, 1873, be and the same
IL hereby amended and re-snacted SO as 70
read as follows: That, in any ease in which
a person claiming to have been appointed
10 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 commits
stoned such commission shall be prima
tacie proof Of the right OF such person to
Immediately hold and exercise such office.
SEC. =. Be q fuAher enacted. etc, That
il any person, being an incumbent of such
office, or any person pretending to hold or
exercise a judicial Office, shall refuse to
vacate said office, or desist FROM exercising
such Judicial functions, and turn the same
over 20 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 90 be entitled to such Office.
and to be indicted thereon. Such
rule shall be- taken contradictorily
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 of the court, with an
additional twenty four hours for every ad.
ditionaf ten miles his said residence NAV
be from the court issuing said rule. AID
the case shall be tried immediately and
without jury, and by preference to all other
matters or causes pending IN said cOur1
and the judgment thereon shall be signed
the same day of its rendition; provided,
Chat when any party may desire to take
such rule or make application for removal
OF his case, as provided N section - OF
this act, If the court NAV not he in session
the same may be granted at chambers, and
1t 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
III case OF recusatiOn, OF inability from
any cause whatever, the Judge OF Judges 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 10 the Superior Court at New
Orleans, as ne may deem advisa ole; and III
cases now pending, in which condensation
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 80 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 affi-
daNit Of the recusaticn 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
10 the said court; and IL case Of inability
on the part OF the party applying to obtain
said record, OF duly certified copy thereof,
sworn copies Of the record may be filed
with he court, and the case shall
thereu, ne tried in same manner as if
the orgiiai record was with the court; pro-
vided, that before any case SO removed at
the instance o. any party shall be proceed
ed with, the court making the removal
shall require that the adverse party shall
have twenty-fOur hours notice. with an
additional twentyfour for every ten miles
his place OF residence may be from TIE
court.
SEC. (. BE i. 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 ludg
ment on said rule. and shall be made re
| turnable 10 the Supreme COGrt within five
| days, with an additional day for every ten
! miles the place of holding the court may
| De 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
| Judgment thereon shall become final, after
expiration of two legal days, whether .U-
dicial or not.
SEC. 3. Be il further enacted etc. That
all laws or parts of laws conflicting with
| this act, and all laws or the same subject
matter, be and they are hereby repealed,
and that this act shall take effect from and
after it, passage.
isigned) CHARLES w. LOWELL.
Speaker OF the House ot Representatives.
lSignrd' {. {. ANTOINE.
i.i"utenan: EJ...ao. ana Pres lex. .: he
Senate.
Approved. March J, 'S-!
.Signed. WllliiN i. III. ;!.b'|H.
Governor Ok IL. S.a." uI |. .'.,!"Ea.
4 .ru" copy:
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