The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1880-04-23
LAWS OF THE STATE.
No. 1851 AN ACT

for the removal from Office of district
attorneys, clerks of courts, sheriffs,
'coroners, recorders, justices of the
! peace, and Of all other parish, munf-
cipal and ward officers, under the
provisions Of articles one hundred
and ninety-sfx and two hundred and
one Of the State constitutions; to pro.
vide for motions for new trials, and
for appeals from interlocutory de-
crees that might cause irreparable in
jury, and from all final judgments in
such suits.
Be it enacted by the General Assem-
bly, of the State of louisiana, That all
suits for the removal from Office OF any
district attorney, clerk of court, sheriff,
coroner, recorder, justice of the peace,
or of any other parish, municipal or
ward officer, for any of the causes spec
flied In article one hundred and ninety
six of the State constitution, shall be
instituted before the district court hnv-
ing jurisdiction over the place of de-
fendant's domicile, by the district at
torney, or by the counsel appointed by
the court in the case provided by the
constitution, in his name, on the rela-
ton of the State, and he shall allege,
with the other essential allegations,
that the writ is instituted on the writ
ten request and information of ten,
twenty-five or more resident citizens
and taxpayers, whose names shall be
set forth likewise in the petition. Such
suits in the parish of Orleans shall be
institu ted before the Civil District
Court. -.-,s e....r
SEC. 2. Be it further enacted, etc.,
That the citizens and taxpayers at
whose request the suit is brought shall
have the right to employ, at their own
exclusive cost, counsel to aid the at
torney of the State in instituting and
in conducting the same, until it shall
have been finally disposed of, and such
suits shall be tried by preference over
all others. -... 80.
Sec. 8. Be It further enacted, etc.,
That in all cases instituted to remove
an officer on the ground of his incom-
potency, arising out of his want of the
knowledge necessary to enable him to
perform the duties of his Office, or of
any mental incapacity uniting him
for the Office, the court may, on its own
motion, or on that of any party to the
suit, cause the defendant to come be-
fore it, In person and in open session,
to answer any pertinent question,
which may be addressed to him; as
each question is put to him the clerk
shall write it down and number it, and
as each is put the defendant shall,
with his own hand, write on separ-
ate paper his answer, and number it to
correspond with the number of the
question, and this without being per-
mitted to leave the presence of the
court or to have recourse to the assist
ance of any person, book, paper or
memorandum whatsoever; il defendant
be unable to write, the cause of his in
ability shall be stated by him, under
oath, and the clerk shall take down his
answers in writing; provided, that
questions prOpOunded to said officer
shall not be foreign to the duties of his
Office. In case of appeal the original
papers containing such questions and
answers shall be sent with and form a
part of the transcript, the clerk retain
ing certified copy of the same. In
all other cases of removal defendant
may be summoned and examined un-
der oath, as any other witness.
SEC. 4. Be it further enacted, etc.,
That either party to suits brought pur-
suant hereto may claim trial by jury;
for jury trial in his original petition,
and not thereafter, and that the de-
fendant may pray for jury trial in his
original answer, and not thereafter.
In case either party prays for jury
during term for which no jury has
been drawn, or the jury drawn aud
| summoned, for which has been set
aside, and there be time to do so and
try the case before adjournment of the
term, the court shall, at once, order
the jury commissioners to draw new
or special jury, as the case may be, to
try the case, if either party require it..
| If the term of court next succeeding
that during which the jury is prayed
for, or succeeding the time when such
| prayer is filed, if filed in vacation, be
not a jury term, the case remaining un-
tried, the judge shall order the jury
commissioners to draw a special jury
| to appear at such term of court to try
the case, and these rules shall apply to
all succeeding terms until the case
shall be finally tried. In all cases,
| when a special jury is ordered, the
judge shall order the drawing of thirty
qualified jurors who shall be sum-
moned by service of notice in the
usual form. On the trial the jury shall
be impaneled and the right to chal.
lenge shall be exercised as in jury
trials in ordinary civil cases, and tales