Testimony in certain cases may be taken necessary information, shall decide whether it be expedient to proceed by means of impeachment or by address. In case the committee shall make a report in favor of the accused, the adoption of the report by the house shall be sufficient, and the accused shall be discharged, and can never after be brought before the legislature for the same acts with which he has been already charged. SEC. 1741. Whenever in the opinion of the committee the witnesses shall reside at such a distance that their attendance at the seat of government must give rise to great expense and loss of time, the said committee shall prepare interrogatories and take their testimony by by commission. commission, as in judicial proceedings of the parish in which the witness may reside, who shall, on the receipt of the interrogatories, cause to appear before him the witness to whom they are propounded, and, having administered the oath to him, shall take down in writing his answers and make him sign them. The interrogatories thus prepared by the committee shall, previous to their being sent as aforesaid, be communicated to the accused or his counsel, who shall have a right to add his cross-interrogatories, to which the witness is equally bound to answer. The accused, on his part, shall be allowed to subunit to the committee such interrogatories as he may wish to be propounded to witnesses in his behalf; and it shall be the duty of the committee, after having added such cross-interrogatories as they shall deem proper, to direct the whole as aforesaid, that it may be proceeded upon in the same manner. Power of magistrate to enforce attendance of witnesses. D. 3956. SEC. 1742. The magistrate to whom the interrogatories shall be directed, as stated in the foregoing section, may employ all such means as are allowed by law to compel a witness to appear, and may condemn to a fine of not less than fifty dollars and not exceeding one hundred, or to an imprisonment not exceeding ten days, any witness for or against the accused who, being duly cited, shall have refused to attend, or who, having attended, shall refuse to answer to the interrogatories or sign his answer. D. 3957. SEC. 1743. Whenever the culpability of a public officer shall be ascertained, either by the sentence of the senate or by the concurrence Costs to be paid in certain cases of both houses, agreeably to the constitution, all the costs arising by the officer impeached, from the investigation and prosecution of his suit shall be paid by said officer, which shall be recovered by a suit to be instituted against the party condemned by the district attorney. And in order that the provisions of this section shall have full effect, it shall be the duty of the secretary of the senate and the clerk of the house of representatives to make out a full statement of all costs incurred in the prose cution which shall come to their knowledge, and hand over the same to the district attorney. cases, how paid. SEC. 1744. In case the public functionary against whom an accusation shall be brought should resign his office pending the inquest Costs in certain which shall have been ordered by the house, he shall be bound to pay all the costs which shall have been incurred until that time, to be recovered in the manner provided by section one thousand seven hundred and forty-three. Accusations pending at the SEC. 1745. All accusations pending before the legislature at the time of their adjournment shall be prosecuted and continued by the time of adjournnext legislature. ment, how disposed of. INJUNCTION. SEC. 1746. (District judge to grant injunctions.) See D. 1936. SEC. 1747. (Parish judges to grant injunctions in absence of the dis- D. sec. 2027, 3195; Act 1868, p. 12; Act 1855, p. 324, No. 262, sec. 1. SEC. 1748. When the sale of specific property is enjoined by the defendant or any third party the bond shall be for an amount one- Bonds to be rehalf over and above the estimated value thereof, as certified to by the officer making the seizure. quired by them. C. P. 304; D. sec. 1752, 1753; Act 1855, p. 324; Act 1880, p. 137, No. 109. SEC. 1749. Injunctions may be granted on the application of any Certain cases purchaser, whose property is seized for the payment of the price of a in which injunc tions may be thing sold to him, whenever suit has been instituted against him for granted." the recovery of the property. C. P. 298, sec. 9. Cases in which SEC. 1750. Injunctions may be granted in all cases to stay execution when payment is alleged to have been made after judgment ren- injunctions may be granted. dered, when compensation is pleaded against the judgment, or where the sheriff is proceeding on the execution contrary to some provision of law, upon the petitioners making affidavit of the facts alleged, in order to obtain the injunction, and upon complying with the requisites prescribed by law. C. C. 2208; C. P. 298, sec. 10. SEC. 1751. No judgment or execution shall be enjoined on an alle- Certain cases in gation of compensation, set-off or subsequent payment, except for the tions cannot be which injunc whole amount of judgment. granted for the amount of such sum plead in compensation, set-off or payment, as shall be established by the defendant according to law. And such judgment for any surplus that may exist shall be executed in all respects as if no such injunction had been granted. SEC. 1752. Whenever an injunction is granted in any case provided in the preceding section, it shall be the duty of the judge to require from the person claiming such injunction a bond and security in double the amount of the sum alleged to have been paid, conditioned for the payment of damages in case the injunction shall have been wrongfully sued out. D. sec. 1748. SEC. 1753. It shall be the duty of the several clerks of the district courts, before they issue any writ of injunction, to take from the party requiring the same a bond, with one or more good securities, in the amount fixed by the judge granting the order, conditioned as the law requires. C. P. 304; D. sec. 463. SEC. 1754. On the trial of injunctions the surety on the bond shall be considered as a party plaintiff in the suit; and in case the injunction be dissolved, the court, in the same judgment, shall condemn the plaintiff and surety, jointly and severally, to pay to the defendants interest at the rate of eight per cent. per annum on the amount of judgment, and not more than twenty per cent. as damages, unless damages to a greater amount be proved. And the sureties in such cases shall not be allowed to avail themselves of the plea of discussion. C. P. 304; D. sec. 3735; 30 A. 878, 1021. SEC. 1755. If a third person shall obtain an injunction to arrest the execution of a judgment between other parties, and it shall be dissolved, the plaintiff in injunction and his security shall stand in the same situation and be subject to all the responsibilities and penalties imposed by the preceding section on the plaintiff and his security; and a similar judgment may be given against them on the dissolution of the injunction. C. P. 304, sec. 8; D. sec. 3735; Act 1871, No. 4, sec. 3; 30 A, 878. SEC. 1756. (Seizure and sale of property by collector in certain cases.) Repealed. D. sec. 249, 3295, 3460; Act 1869, p. 146. SEC. 1757. (Concurrent jurisdiction of third district court.) Repealed. D. sec. 2005; Act 1869, p. 145; Act 1877, Ex, S., No. 142, p. 218. SEC. 1758. (Exclusive jurisdiction of third district court.) Repealed. D. sec. 2006. SEC. 1759. So much of article three hundred and four as makes it the duty of the judge to take security in cases of injunctions, or in Repeal. C. P. 304; D. sec. 544; Act 1838, p. 150, sec. 3. INSANE ASYLUM. SEC. 1760. There shall be established in the town of Jackson, par- Insane asylum ish of East Feliciana, an asylum for the insane, to be called the "in- created. sane asylum of the State of Louisiana." Act 1855, p. 453. term of two SEC. 1761. The governor, by and with the advice and consent of the Board of adminsenate, shall appoint five persons, who shall constitute a board of ad- istrators appointed by the ministrators, under the name and style of the "board of administra- governor for the tors of the insane asylum of the State of Louisiana," one of whom years. shall be elected president by the members of the board. The board shall remain in office for two years. They shall meet on the first Monday of each month, and as much oftener as the president may deem necessary; and at each regular meeting said board shall have power to fill any vacancy which may occur by resignation or otherwise. Vacancies, how filled. D. sec. 1641; Act 1874, p. 89, No. 50; Act 1875, Ex. S., p. 109, No. 10. SEC. 1762. The president and any three of the members shall form a quorum, and in the absence of the president any four of said mem- What shall bers shall choose one from among themselves to act as president pro tempore. Act 1874, p. 89, No. 50; Act Ex. S., 1875, p. 109, No. 10. form a quorum. board of administrators. SEC. 1763. The board shall have power to make all rules and regu lations for their own government, not contrary to law; to make all Powers of the necessary contracts; provided, however, that no member of said board shall in any manner be connected with the taking of such contracts; and they shall further have the right to accept any donation or legacy in the name of the asylum and for its use, to sue and be sued, plead and be impleaded, in all actions appertaining to the asylum. Act 1861, p. 217. SEC. 1764. They shall have power to elect a physician, a general superintendent, and a matron, to be employed in the service of the asylum, with such salaries as may be determined by the board. Act 1855, p. 453; Act 1874, p. 89, No. 50; Act Ex. S. 1875, p. 109, Nɔ. 10. Officers to be elected by the board of administrators. Committee to be appointed by the board and its duties. Report to be made annually by the board to the general assembly. Treasurer to be annually elected, not to the board, his bond and duties. SEC. 1765. At every regular meeting the board shall appoint two of its members, whose duty it shall be to visit said asylum at least once a week, for the purpose of ascertaining the manner in which the regulations are complied with, and at each monthly meeting to report the condition of the asylum. The board shall furnish the legislature, on the second Monday of each session, a detailed statement of the annual receipts and expenditure of said asylum; a statement of the names of the insane persons in the asylum; of the number and names of those admitted; of those deceased, and of those cured and discharged during the current year. SEC. 1766. The board shall elect annually a treasurer, who shall be ex officio secretary, and who shall not be a member of the board, and who shall give bond and security for the faithful performance of his be a member of duty, to be approved by the majority of said board. It shall be his duty to collect all debts due to said asylum; to receive quarterly, upon the warrant of the president, whatever appropriations may be made by the State for its benefit; to take care and keep an exact account of the property, credit and revenues, and to make all necessary payments under such rules and regulations and restrictions as may be established by the board. Said treasurer and secretary, elected by the board, shall receive, as an annual salary for his services, the sum of six hundred dollars, paid quarterly on the warrant of the president out of the funds annually appropriated by the State. His salary. When the seat of a member may be declared vacant. Vacancy, how filled. Act 1861, p. 217. SEC. 1767. The seat of any member who shall absent himself without sufficient cause from the regular meetings shall be vacated by a majority of said board, and the vacancy shall be immediately filled in the manner heretofore provided for. In the absence of the president a majority of the members shall have power to call a meeting of the board whenever the necessities of the asylum may require it. Act 1855, p. 453. SEC. 1768. Whenever it shall be made known to the judge of the Lunatics, how district or parish court, by the petition and oath of any individual, that admitted. Duty of the any lunatic or insane person within his district ought to be sent to or confined in the insane asylum of this State, it shall be the duty of the said district or parish judge to issue a warrant to bring before him, in chambers, said lunatic or insane person, and after proper inquiry district judges. into all the facts and circumstances of the case, if, in his opinion, he ought to be sent to or confined in said insane asylum, he shall make out his warrant to the sheriff of the parish, commanding him to convey the lunatic or insane person to the insane asylum; for which duty the sheriff shall have the right to demand the same fees as are now Duty of the sheriffs. |