The New Orleans daily Democrat., 1880-04-14
AN ACT
40 1851

~ kStst AN f>Ss
Relative TO suits and the trial thereof before
the dlatrtct courts Of the State; for the
removal from Office OF district attorneys
clerks OF courts, eherlffs, coroners, re-
eordara, Justices OF the peace and OF all
ether pariah, municipal and ward officers,
slred and ntnety-eix and two hundred and
enc OF the State constitution; to provide
nor motions for new trials, and for ap-
peals from interioeutory DEGREES that
might cause irreparabie injury, and from
all hnRl Judgments IN such cults.
Bsa eaaced bp tAc General Assembly of The
Mate of Louss,aaoA That all cults forths re-
moval FROM otiice OF any DISTRICT attorney
clerk oil court. sherif, coroner, recorder
Justice Of the peace, or Of any other parish,
municipal or ward officer, for any OF the
causes specitied In article one hundred and
ninety elk OF the State constitution, shall be
Instituted before the district court having
Jurisdiction over the place OF defendants
romicll, by the district attorney, or by the
counsel appointed by the court in the case
provided by the constitution, In his name, on
The relation OF the State and he shall allege,
with the other essential allegations, that the
writls Instituted on the written request and In
formation Of ten. twenty-five or more resident
citizens and taxpayers, whose names shall be
aet forth likewise In the petition. Such suits
an the parish Of Orleans shall be instituted
Before the Civil District Court.
H. " y Il
satiHens ami taxpayers a. whose request the
suit ts brought shall have the light TO en-
niuy at their own exclusive cost counsel tC
aid the attorney OF the State In instituting
and In conducting the came. until it shall
have been finally disposed OF, and such suits
shall be tried bv preference over all others.
SEC 8. Be IL farther enacted etc, That in all
cases instituted to remove an officer on the
ground OF his incompetency, arising out OF
Ais want OF the knowledge necessary to en-
able 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,
uRnse the defendant to come before Ii, In
person and In open session. to answer any
pertinent question, which may be addressed
30 him; as each question Ia put to him the
clerk shall write 1t down and number it, and
as each Ia put the defendant shall, with his
own hand, write on a separate paper his
answer, and number 1t to correspond with
Me number of the question. and
pgesence OF the court or to have recourse to
ha assistance OF any person, book, paper or
nemorandum whatsoever; IL defendant be
r10abae to write, the cause OF his Inability
ehall be stated by him, under oath, ami the
alerk shall take down his aus Ters In writing
rworiled, that questions propounded to said
i,iicer shall not be foreign to the duties OF MS
syf7ise. In case uf appeal the original papers
s,ontaininx such questions and answers shall
ne sent with. and form part OF the Transcript,
Aha nlprk retaining certified copy OF the
sssrne. In all other cases OF removal Defendant
nav ~ summoned and examined under oath.
- any other witness.
Srn a BE Il fhwther enacted. etc.,. That
cfSner party to suits brought puIsuaat hereto
nay oiaim fiiAl by Jury: rovs0e0. snas tae
nasinuf may pray for iary trial In bis 0rigt-