New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-03-29

To amend and re-enact sections $50. $50
and 36l OF Revised Statutes, and 70 do
away with unnecessary costs and eX-
penses IL the canceling of Gtficia. bonds
SECTION ]. Be il enacted by the Senate
and House o: Representatives of the State
Of Louisiana IL General Assembly con
vensd. That sections $50. 800 and 36l OF
the Revised Statutes of the State of Louisi-
al a be amended and ve-enacted SO as 10
read az follows:
SECTION. y. The Governor is authorized
10 raise and nnul on the application of
any interested party all bonds with secRrity
and all mortgages which have been fur.
nished by any public Otf'c sr who NAV have
resigned or re |, or whose Office NAV a q
expired by limitation, or when dismisseu
from office whenever there shall be ".
opposition thereto received in the Office OF
the Secretary of State within one HIM
dred and twenty days after the retirement
in any manner as aforesaid or before the
applicable 4. or demand made for such rails.
ing CT annu!ment.
SEC. 800. ANY person, firm or CORPORATION
or public officer having any claim. debt or
cause OF action. or official cause or reason
against the annullment of such bond and
mortgage, shall furnish the Secretary of
StatO IL writing. with such reason or state
ment OF cause within one hundred and
twenty days after the retirement from Office
OF the officer for the faithful performance
of whose duties the bond in question WAS
given.
SEC. 36!. The Governor shall call unon
the Secretary Of State in case of apy de-
mand Tor the raising and annullment OF 4
bond and mortgage, and upon the certit!-
cate OF the Secretary of State that no
written opposition or statement of cause
has been received by him, the Governor
shall order the raising and annullment ac.
cordlng. No bond OF any tax collector
or assessor shall be raised or annulled unit!
the certificate Of the Auditor of Public Ar.
counts of tull payment and faithful co!lec.
ton OF moneys, or faithful performance of
all duties as required by law, shall have
been furnished. But the annBllment 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. II brought before the period OF
prescription thereto applying in law.
SEC. 3t.. Whenever. according to the Ger.
flhcate ct the Secretary of State, opposi- |
ton shall have been made, it shall be the !
duty of the Governor. on the demand of |
either party. 20 refer the matter to any !
court OF competent Jurisdiction, that il NAV |
decide on their respective rights accOrdin, I
TO law. In the absence OF such demand |
and reference, i the party opposing or /,
stating cause. fail TO bring suit or cause, !
the same to DE brought within the period of |
prescription applicable TO claims in ques-
tion, OK 10 notify che Secretary of State |
mat ne has so done, then the bond and |
mortgage shall be raised and annuIled. not |
Withstandlng the opposition or statement,
OF cause previously tiled or given.
SEC. .! BE IL further enacted, etc. That
TINS shall have force and effect from and
alter us passage. and all laws or parts OF
laws are hereby repealed as far as 30 con
hicting.
'Signed, CHARLES w. LOWELL.
Speaker of the House of Representative.
(Signed c. C. ANTOINE,
Lieutenant Governor and Presideu. ot ;te
Senate.
approved March u, 1873
'Signedl WILLIAM z. KELLOGG
Governor OF Ihe State 0t Lou!s!aLa,
4 true copy:
l.. G. DESioNDr,
Secretary of STATE