The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-05-03
AN ACT
No. 129. |.


Relative TO contests Tor judicial and other offices.
and providing tribunal to try contested
election eases when the District Judge and
the parish judge arc Reused, or motion Ia
made to recuse them.
whereas the State constitution provides "tbat
when the judge is personally interested in the
suit he shall call upon the parish or district
Judge as the case may be, TO try the case." and no
provision la made for the trial Of cases where the
Judge Is personally interested, and the judge to
whom the case Ia referred ia refused:
HErTIoN |. Therefore be ii enacted bu the Senate
and House Of Representatives Of the State Of Lou
isiaun. in, Generm assembly eonpened, That in
any case in which person claims to have been
elected to office, or contests the right OF any
person to hold an office, and claims that the
office should be declared vacant. and in every
proceeding, whether uader the intrusion act or
any other act authorizing the contesting of
an election, and in all snits. under the
law providing for contested elections,
ton in the parish in which the defendant resides
is interested, and the parish judge recuses him
self or Ia reeused, on motion OF the defendant
or Of the plaintiff. either may at any time before
the assignment Of the case have the same trans-
ferred, and tried by the judge OF the district
Of the defendant
SEC. Q. Be il further enacted, etc., That, IL The
Judge of the parish court be the interested per-
soD, and the Judge Of the district court Ia called
case for any Of the reasons now provided by law,
then 1t will be transferred TO the parish Judge OF
one Of the neighboring Parishes IN the same jul
dioial district wherein resides the defendant.
SEC 3. Be ii further enacted, etc., That the
plaintiff or the defendant may, ut the time suit IL
instituted or at any time AFTER apply to the judge
of the said residence fer n rule issu sd to the
judges (who cannot try the case because recused,
on their own motion, or because parties to the
case allege and establish that for legal reasons
thpy ntnt111 ha rccuand1 IN nlpw within
three days from the date Of the service Of the
said rule, why he should not try tho case, and
that in applying for the said rule the said plain
tiff shall swear that the defendant 10 interested,
and that tbs judge called upon to try the same,
or who may be called upon, il refused for any of
the causes now provided and that the judge Of
the District Court applied to resides nearer the
residence of the defendant than any other judge
OF tho District Court.
Ego. 4. BE IL further enacted, etc., That, upon
the said application being made, it shall be the
duty OF the judge applied to to make the said rule
absolute, If cause OF recusation exists, and IL his
residence is nearest TO the residence OF the de-
PENDANT, as above mentioned; and il suit has al.
ready been instituted to direct that copy Of all
papers and documents be sent to the clerk Of the
District Court OF the parish in which the said
judge resides.
ton has issued and service has been made, there
will be no necessity for another citation to issue,
and another service to be made, the service OF the
said rule shall be sufficient II citation has not
yet issued, the judge, st the time he directs that
the suit be transferred, above provided, shall
order citation to issue, that the defendant shall
be cited to answer, within ten days from the SER
vice Of the citation. and delays shall be granted
on account OF the transfer.
SEC. G. De IL further enacted. ETC., That the
trial OF contested elections shall be proceeded
with, at any regular term of the court, for the
parish in which the said transferred case is to be
tried TX no regular term of the court ia TO DO
held, within five weeks from the time of filing the
petition OF the contestant, special term shall be
holden ON the second Monday after the day the
said case has been ordered to be transferred, or
Mt any time thereafter. not later than four weeks
from the said time.
SEQ. 7. Be it further enacted. ETC.. That the
| said transferred cases sball be tried in accord
| ance with the laws now applying to she trial OF
contested election Gases.
SEC. 8. Be ii ft1the, enacted, etc.. That il
| either party desires that the case DO tried by a
Jury, motion for jury shall be made within three
days after service has been made.
SEC. 8. Be ii further enacted, etc., That the
party cast in the suit may take an appeal from
the Judgment within ten judicial days from its
rendition.
Sec. 10. Be il further enacted, etc. That all
shall be and they are hereby repealed, and
that this act shall take fleet from and immedi-
ately after it's passage.
(Signed) LOUIS BUSH,
speaker of the House OF Representatives.
(Signed) LOUIS j. WILT,
Lieutenant Governor AMI President Of the Senate.
Approved April 30, 1877.
(signed) FRANCIS r. NICHOLAS,
Governor of tho State OF Louisiana.
A true copy:
Viii A. srnoso.
Secretary Of State.