New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-01-18
The Penalty for UsurpinE an ONCE.


For the information of those who are yet
willing to talk of law, and seek so far as
possible to justify their conduct by it, we
copy the following act, approved March 5,
lS73 No. Al:
SECTION |. That if any person shall as
sume or pretend to be an officer of the State,
executive, judicial or legislative, without
authority OF an election declared by the Re-
turning Board constituted by law, or with
ont authority of a commission from the
Governor of the State, in case the laws re-
quire such officer to be commissioned such
person so illegally assuming or pretending
TO be a public officer shall be deemed q
usurper. Ii any such usurper shall ATTEMPT
to exercise the functions Ut a public officer,
and shall interfere with any public officer
in the discharge of his duties, such usurper
so interfering shall be deemed to be guilty
of a crime, and upon conviction may be
fined or imprisoned at the discretion of the
court, or both.
SEC. .. That if any public officer, wheth--
er State, parish or municipal, shall give ad-
hesion to or in any manner recognize the
authority of any person who may be usurp-
ing public office within contemplation of
this law, such public officer so giving adbe.
sion to or recognizing such usurper shall
be deemed to have forfeited and abandoned
the public Office held by him under the CON
stitutiOn, the laws and the government of
this State.
SEC. 5. That whenever the Governor of
the State shall be informed that any public
officer has forfeited aud abandoned his of
fee by giving adhesion to or recognizing
any asurper within the contemplation Of
this law, he, the Governor, may, in case
such office is established by the oOnstitu-
tiOn, direct that the Attorney General or
the District Attorney shall take legal pro-
oeedings before the court of competent iur-
isdiotiOn to have such forfeiture and sban-
donment declared. The proceedings in such
case shall be summary, and shall be had
by rule, of which the officer so charged
with having abandoned his office shall
have notice of one full day. The court
shall at once hear and determine such rule,
If an appeal shall be taken by the state or
by the party defendant to such proceed
ings, it shall be made returnable within ten
days. land shall be heard by preference by
the Supreme Court as in case Of contest for
judicial office,
SEC. A. That whenever the court of com.
petent jurisdiction shall declare that any
public officer, whose office is established by
the constitution, has abandoned and for
feited his office, within contemplation OF
this act, and for the cause herein given, the
Governor shall fill such office by appoint
ment under the laws providing for filling
vacancies in public Offices
SEC, 5. That whenever the Governor shall
ascertain that any public officer, whose Of
ice is established by an act of the Legisla-
ture, has given adhesion to or recognized
the authority of any usurper, within con-
temptation of this act he, the said Gov
ernOr, may declare that such officer has for
feited and abandoned his office under the
constitution, laws and government Of the
State, and he, the Governor, may fill the
vacancy in said Office by appointment
under the provisions of the constitution and
laws regulating appointments to fill va
caneies