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thority of

sons and pa

pers.

Power and au- Sec. 2575. Either house shall have authority to send for either house to persons and papers, and to compel their attendance or production send for per- whenever necessary in the investigation of any matter before them. The chairman of any committee of the senate or house of repreChairman of sentatives, or any joint committee composed of members from both thorized to ad- branches of the legislature, or the person acting as chairman of any minister oaths. such committee, shall be authorized to administer the oath to any witness who may be called before them to testify in relation to any subject under their consideration to them referred by their respective houses.

committee au

Foremen of grand juries

Sec. 2576. The foremen of the grand juries of this State may may adminis- administer the oath required by law, to all witnesses brought before them during their respective sessions.

ter oaths.

D. Sec. 2137. Act 1855, p. 305.

Sec. 2577. No parish treasurer shall be allowed credit for any voucher he may present in the settlement of any account, until he taken by par- shall have first taken an oath or affirmation that he has paid the

Oath to be

ish treasurer.

ken by tax

collectors.

full amount of such voucher in money, or that he has received the same in payment of parish dues, and that he has not speculated thereon himself, nor has he been directly or indirectly interested in any speculation that may have been made in its acquisition.

D. Sec. 2645. Act 1855, p. 354.

Sec. 2578. No claim against any parish shall be received by Oath to be ta- any parish treasurer from any collector of taxes, unless the col lector shall make oath or affirmation (said oath to be administered by the treasurers of the several parishes) that he has paid the full amount expressed on the face of such claims, and that he has not, directly nor indirectly, speculated in the public money.

Power of sec

D. Sec. 2646.

Sec. 2579. The secretary of State of the State of Louisiana be, retary of State and he is hereby authorized and empowered to administer oaths in all cases where it is legal to do so under the laws of this State. D. Sec. 3520. Act 1868, p. 53.

to administer

oaths.

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rendered lia

Sec. 2580. The different municipal corporations in this State Corporations shall be liable for the damages done to property by mobs or riot- or dam ous assemblages in their respective limits.

D. Sec. 2453. Act 1855, p. 45.

ages.

sued in cases

Sec. 2581. In all cases where any corporation shall commit when a corpotrespass or do anything for which an action for damage lies, it ration may be shall be liable to be sued in the parish where such damage is done of trespassers. or trespass committed.

Act 1855, p. 485.

Sec. 2582. Article twenty-two hundred and ninety-four of the Civil Code of Louisiana which reads, "every act what- Damages. ever of man that causes damage to another, obliges him by whose fault it happened to repair it," be re-enacted and amended so as to read, "every act whatever of man that causes damage to another, obliges him by whose fault it happened to repair it; the right of this action shall survive in cases of death in favor of the minor children and widow of the deceased or either of them, and in default of these, in favor of the surviving father and mother or either of them, for the space of one year from the death."

C. C. 2315 (2294); D. Sec. 435, 2368, 3640. Act 1855, p. 270.

sponsible for

words of their

Sec. 2583. From and after the passage of this act, no client Clients not reor other person shall be held to be liable or responsible for any the slanderous slanderous or libelous words uttered by his attorney at law, but word out attorneys at law shall be liable and responsible themselves for any attorneys, but slanderous or libelous words by them uttered, any law to the con- themselves trary notwithstanding.

C. C. 2315 (2294); D. Sec. 3641, 3642. Act 1828, p. 160

attorneys

liable.

responsible in

Sec. 2584. Article two thousand three hundred and four of the Civil Code be and is hereby so amended as to make the English Co-trespassers of said article correspond with the French and so as to make solido. co-trespassers liable in solido.

C. C. 2321 (2304); D. Sec. 436. Act 1844, p. 14.

OFFICE.

SECTION.

SECTION.

ELIGIBILITY.

To subscribe to oath of office before

receiving commission,

2585

USURPATIONS, INTRUSIONS INTO, AND
UNLAWFUL HOLDING OF OFFICE.

How information shall be brought, 253

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lieved from taking the oath,
Openly and actively assisting re-
construction,..

The fourteenth amendment to the
constitution of the United States, 2587
Affidavit, how administered,
To be filed in the office of secretary
of State,
Penalty for falsely taking the oath,
The right to hold office may be
contested notwithstanding the
oath,

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ELIGIBILITY.

Sec. 2585. Before any person elected or appointed to any To subscribe to office, State, parish, or municipal in this State, shall be commis before receiv- sioned by the governor, (with a view to testing the eligibility of any such person to hold the office to which he has been elected or appointed), such person, so elected or appointed, shall take and subscribe the oath or affirmation prescribed in the twenty-five hundred and eighty-seventh section of this act.

ing commission.

Oath for non

D. Sec. 2552. Act 1868, p. 46.

Sec. 2586. Before any person who has been elected or ap pointed to any State, parish or municipal office in this State, commissioned which does not require the issuance of a commission by the gov ernor, shall be sworn into office, or enter upon the discharge of the duties of any such office, with a view to ascertain the eligibility

officers.

of such person to hold office, such person shall take and subscribe the oath or affirmation prescribed in the twenty-five hundred and eighty-seventh section of this act.

D. Sec. 2553.

Sec. 2587. The oath required to be taken by the parties The oath prereferred to in section twenty-five hundred and eighty-five and scribed. twenty-five hundred and eighty-six of this act be as follows:

I, A. B., do solemnly swear (or affirm, as the case may be), that I have not been convicted of treason, perjury, forgery, bribery, or other crime punishable in the penitentiary; that I did not hold office, civil or military, for one year or more, under the organization styled "the confederate States of America;" that I did not register myself as an enemy of the United States; that I did not act as a leader of guerrilla bands during the late rebellion; that in the advocacy of treason I did not write or publish newspaper articles or preach sermons during the late rebellion, and I did not vote for and sign an ordinance of secession in any State. If the person has relieved himself from the disability of holding office by voluntarily writing and signing a certificate setting Those who forth that he acknowledges the late rebellion to have been morally are relieved and politically wrong, and that he regrets any aid and comfort he from taking may have given it, and shall have filed a certificate in the office. of the secretary of State, and it shall have been published in the official journal of the State, as required by article ninety-nine of the constitution, such party, on proof of such fact, shall be relieved from taking the above oath.

have recanted

the oath.

But if such person, elected or appointed to office, claims his disabilities have been removed by his having complied with the Openly and acrequirements of the proviso to the ninety-ninth article of the tively assisting constitution of 1868, he shall then be required to take the follow- tion. ing oath :

I, A. B., do solemnly swear (or affirm, as the case may be), that prior to the first day of January, eighteen hundred and sixtyeight, I did favor the execution of the laws of the United States, popularly known as the reconstruction acts of congress, and openly and actively assisted the loyal men of the State in their efforts to restore Louisiana to her position in the Union.

And when any person is required to take either of the above affidavits, to test his eligibility to office, he must take in addition the following oath :

That I never engaged in any insurrection or rebellion against the United States, or gave aid and comfort to the enemies thereof, after having taken an oath as member of congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the constitution of the United States.

reconstruc

amendment to

If any person within the exclusion of the third section of the The fourteenth fourteenth amendment to the constitution of the United States, the constituwho shall have been relieved from the disabilities herein contained United States.

tion of the

administered.

by an act of congress, shall be elected or appointed to any office, either State, parish or municipal, in this State, in lieu of the sec ond clause of the oath prescribed in this section of this act, said person shall take and subscribe the following oath:

"And I do further solemnly swear that I have been relieved from the disabilities contained in the third section of said fourteenth amendment to the constitution of the United States.

D. Sec. 2554.

Sec. 2588. The affidavit prescribed to be taken in section 2587 Affidavit, how of this act, may be taken, sworn to, and subscribed before any person legally authorized to administer oaths in any parish in this State, and the same shall be filed in the secretary of State's office for this State, within thirty days from the close of the election at which he may be elected, or from the date of his appointment, if To be filed in appointed. And if said affidavit be not taken and filed in the secretary of State's office within said thirty days, the person so elected or appointed shall be deemed ineligible to such office and the office deemed vacant; then such office shall be held to be vacant, and shall be filled as the constitution or laws may provide for filling such vacancies.

the office of

secretary of State.

Penalty for

D. Sec. 2555, 3515.

Sec. 2589. If any person shall falsely and corruptly take the oath or oaths, in either of the clauses in section 2587 of this act, falsely taking such person shall, on conviction thereof, be imprisoned at hard labor in the penitentiary of this State for a term of not less than five nor more than ten years.

the oath.

The right to

hold office may

be contested

notwithstand

o the oth

Failing to com

ply with the

the law nullifies official acts.

D. Sec. 879, 2556.

Sec. 2590. Taking the oath prescribed in 2587 of this act, and the issuance of the commission in consequence thereof, and the taking of the constitutional oath of office, and entering upon the discharge of the duties of any office, shall not prevent any person from contesting any such party's right to such office on the ground of his ineligibility, or for any other legal or sufficient reason, by the contesting party pursuing the forms and requirements of law.

D. Sec. 2557.

Sec. 2591. If any person elected or appointed to any office, State, parish or municipal, in this State, and who is required to provisions of attest his eligibility to office according to the requirements of this act, shall presume to discharge or attempt to discharge the duties of any such office, after the expiration of the time required by this act, within which to file his affidavit in the office of the secretary of State, all his pretended official acts from that date shall be void; and if his office is in whole or in part, a salaried office, and his right to hold his office be contested, he shall file a bond in the court in which the suit of contest may be instituted, with good and su ficient sureties conditioned, that in case the decision of the court shall be against him he shall pay to the person found to be entitled to said office all the fees, salary and emoluments of said office during the whole time he shall have held the same, and he

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