The New Orleans daily Democrat., 1877-05-02


side of their road bed and shall have right to
cut aud use timber At1 such materials ot, the
lands Of the State as said company inay sae tit.
for six miles ON each side of said road i,,prjie3
that aaid railroad shall be commenced before tbe
frat day of January, ens thousand eight hundred
and seventy eight, and shall bs flushed In ava
Years from The commencement Ut the work.
sRu. a. BE II further enaefei, de., THAT This
act shall take effect and be III full force from aud
after its passage. ..
Speaker Of The House Of Representatives
signed) LOUIS A. WILTH,
Iieuteilant Governor and President uf tbs Senate.
Approved April 30, 1877. -
Governor OF the state Ul Loti4iana.
true copy:
Wilt A. srnoNa,
seefetaty vf State. ..-
Ne. 1ag AN ACr
Relative tu contests Tor judicial and other offices,
and providing tribunal to try contested
election cases when the y strict judge and
the patish Judge are refused, or motion is
made to ree,iss them.
Whereas, The State constitution provides "that
when the judge is personally interested In the
suit he shall call upon tbe pa,ish or district
Judge, as the case may be, 10 Try the ease, and no
provision is made f5r the trial Of eases where the
Judge ia personally Interested aud the iuige to
whom the case Ia referred Ia recnsad;
aEurtoN l. Therefore be enacted By The Senate
and House Of Representatives Of the Aate Of L1u-
tsianu, II, General assembly conuenei. that In
any ease In whieh person claims 10 have been
elected to a,i Office. contests the right OF any
person 10 hold an office, and claims that the
otfiee Should be declared vacant. and In every
proceeding, whether Il tdar the intrti lion act ot
an election, aud In all suits under thu
law providing f1f contested elections,
u the Judge of the diatriet court having lutisdc-
tion hi the parish In which The defendant resides
self or is feeused. on mdtirn Of The defendant
or of the plaintiff, either may At any time before
The assignment oil the ease have The same trans
farred, aud tried by the judge uF the district
court whoae residence is nearest to the residence
OF the defendant.
HEo q. Be ii further enacted, ETC., THAT II he
Judge OF the parish court be the Interested per.
suo, and the judge Of the district court is called
apon, but hs reeuses himself or cannot trg the
case for any Of tbs reasons now provided by Law,
then 1t will be transferred 10 the parish judge of
one Of tbs nsighboring parishes, In The same iu-
dical district wherein resides the defendant.
| NEe. Be II further enacted, ETC., That the
plaintiff or The defendant may. at the time suit s
institu ed, or at any time after anpy to the judge
| NJ the Hsid residence, fer q IN g issued 10 the
judges [who cannot try the case bseause Reused,
| ON their own motion, or because parties TO the
case allege and establish that for legal reasons
| they shbhld be reensed) 10 show cause wi bin
! three days from the date of the service Of the
| said rule, WHY he should not try the case, aud
that In applying for the said rule, The said plain
tif shall swear that the defendant s Interested,
| aud that the Judge called upon to try the same,
or whs may he called upun, IL reeused for any OF
| the causes now provided, and that the judge OF
| the District Court applied 10 resides nearer the
residence Of the de endant than airy other Judge
OF the District Court.
| aEo. d. BE II further enacted, ETC. That, upon
the sal application being made. ii shall be the
duty OF The Judge applied 10 10 make the said rule
absolute If cause Of cusation exists, and IT his
| Residence is nearest 10 the fesideHce OF the de-
fspdas,t. AZ above mentioned; and II suit has al
ready been instituted, to direct that copy y all
papers and documents be sent TO the clerk ofthe
District court of the parish In which the said
judge resides.
tion has issued aud service has been made, theEe
will be no necessity for another citation to ssue
and another service to be- made the serviee of the
said rule shall be sufficient. II citation has moi
yet issued, the judge, at the time ha directs thai
the suit be transferred, "a above provided, shal
order citation 10 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 ot the transfer.
| EHu. g. BE II further enneted etc., That tht
| trial Of contested elections shall be proceeded
| with at any regular term Of The court, for tht
parish In which the said transferred case is 10 be
Tried IT no regular term Of the court IL TO Dc
held. within FIVE weeks from the time Of filing th'
petition OF the contestant. q spes al term shall bs
holden on the second Monday after the day th'
saa case has been ordered To be transferred. D
81 any time thereafter. not later than four week
from the said time.
EHo. I. he ii further enacted ete That tn
said transferred cases shall be tried In accord
snee with the laws now applying 10 the ttial Q
contested election CASES.
Sac 3. he IL further enacted. ETC.. That
either s,arty desires that the case be tried by
Jury, motion for jury shall be made within thre
days after service has been made.
HHu. D. BE II further enaeted, etc.. That tb
party cast in the sut may take All appeal iron
i The Judgment within ten judicial days from 1t
rendition.
Bro. 10. Be II further enacted, eta, That al
laws, or parts OF laws, in conflict with this set
shall be and they are hereby repealed AM
that this act shall take frset from and irnmedi
ateIy alter its passage. ..
tsighedl LOUIS BUsH. .....
| speaker OF the House OF Representatives
t4igued) LOUIS A. WlLlH,
| Lieutenant Governor and President OF The Senate
Approved April 3D. 1877. -
| t5igned) FRANCIS L. hlgHoLlis,
Governor Of the State Of Louissna.
A true copy.
| Whit A. HTReFa,