Rapides gazette. (Alexandria, La.) 1869-187?, 1873-05-10
No. 80.
AN ACT ~


tions betweec persons claiming judicial
Office approved January Is, 1873.
Section 1. Be it enacted nv the Sonata
and House of Representatives, of the State
of Louisanana in General Assembly couven
ed, That act No. III, entitled IAN act To
regulate proceedings in contradictions be-
Tween persons claiming Judicial Office" ap-
proved january ID, 1873, be and the same
Is hereby amended and re-cnac:od so as TO
read as follows. That, in any ctse in which
person claiming To have been appointed
to the oi1ic- of judge If any court ia 'this
State, and shall have been confirmed by
the Senate ana comm.ssir-.. = tL..str. 90!
slliii nave h.'S.! -Ic-tr'., -Lt, ~ at--...a.r
OF said el elton. -ua.- ua.s seem -...i..ii
stoned, such comEiiS- On snail a- ~. .t1,tc.o
proof of the riGlt u J,E r.c.o.- - ..l.i.u} &
lately hold ana So. .-.,e s..aa ,.4ea.
Sec. :. 81 Il ~. -..ar enacted. etc.. tr.-
If any person, bcn.S an ;-.i.u5e,.. a- .s
Office, or any p"rscn pretending tD h..f De-
exercise ajrdicial o1ice, shall refuse 3. r
cate said office, or dcsist from exercislls.
sncn judicial functions, and turn the same
over 10 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 de-
clared TO be entitled TO such Office, all to
be inducted therein. Such rule shall he
take coBtradictorily with such incumbent
OF person pretending to hold or exercise
Judicial functions, and shall be made re-
tnrnabie within twenty-four hours, if the
defendant Ill said rule reside within ten
miles of the court, with an additional twen-
" four hours for every additional ten miles
his said residence may be from the court
issuing said ule. And the case shall be
tried immediately and without Jury, and
by preference to all other matters or causes
pending 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 or make APP
piication for removal of his case, rs prov;-
ded III section - of this act, if the court
may Not be in session, the same NAV he
granted at chambers, and it shall he the
duty OF the said Court to try the same al
chambers or TO open and hold special term
Tor 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 Judges of the
parish or district wherein the persons so
contesting shall reside. shall be unable TO
act, then and in that case the plaintiff in
said rule may take said rule before the iudro
of the adjoining parish or judicial district.
or TO the Superior Court at New Orleans. as
he may deem advisable and in cases now
pending, iii which condensation between
persons claiming judicial office is the sub-
ject matter ut issue, either party shall have
his cause removed 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 indi-
cial district, OF SupcriJr Court at New Or
leans, and affidavit of the recusation or in
ability of the judge to act from any legal
cause, and upon the party filing saiT ap-
plication 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 in case of inability
on the part Oh the party applying to OBJ
tain said record, or duly certified copy
thereof. sworn copies of the record NAV be
filed with the court, arr3 che case shall
thereupOn de tried in same manner as if
the original record was with the court !:
provided, that before any case so removed
at the instance Of any party shall proceeded
with, the court making the removal shall
require that the adverse party shall have
twenty-fOur hours notice, with an addi-
tional twenty four for every ten niles his
place of residence may be from the court.
Sec. 4. Be it further enacted, etc. That
either party to such rule may take an APP
peal from the judgment thereon, but such
appeal shall be applied for within three
judicial days from the rendition of the
Judgment on said rule, and shall be made
returnablc to the Supreme Court within
five days, with an additional day for every
ten miles the place of holding court
may be from the place where the Supreme
Court is holding its session. The appe al
shall be taken up by the Court, by pre-
ference 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
judicial OF not.
Sec. 5. BE it further enacted, etc, That
all laws or parts of laws conflicting with
this act, and all laws on the same subject
matter, be and they are hereby repealed,
and that this act shall take effect from and
after it passage.
(Signed) CHAS. w. LOWELL.
Speaker Of the House of Representatives.
(Signed) c. G. ANTOINE.
lieutenant Governor and President of the
Senate.
Approved, March 5, 1873,
(Signed) WILLIAM p. KELLOGG,
Governor of the State of Louisiana.
A true copy:
2. G. DEsLoNDE,
Secretary of State.