1855-6. 7. [SEC. 138.] The Attorney General shall receive five per cent. Fees for collec- on all amounts collected by him; and all suits brought by him and all appeals prosecuted by him shall be tried by preference. tions. Suits tried by preference. 1870-119 ney General to prosecute Judges for fail ure or refusal to revoke illegal orders. 8. [SEC. 2.] Whenever any Judge shall grant any order which is in contravention or in violation of the first section of this act, and the same shall be brought to his knowledge ex parte or otherwise, he shall forthwith revoke and annul such order, either in chambers or open court, and cause the officer in charge of the execution of such writ to be notified of such revocation, whose duty it shall be to return such writ at once; and if any Judge who has granted any such orders, and to whom knowledge has been brought that it is in violation of the first section of this act, and he fails or refuses to grant an order annulling it, as directed by this section, and it shall be necessary, by writ of prohibition or appeal in such cases, or resorting to any legal remedy, to compel him to issue such order, and he is directed to annul the same, as is required by this section, such Judge shall be fined in the sum of two thousand five hundred dollars ($2500); and it shall be the duty of the Attorney General to sue to recover such fine before any competent court, and no other proof of the liability to the fine than the judgment ordering him to set aside such writ, issued in violation of this act, shall be received to fix his liability, and the notification of such judgment for the fine to the Auditor of the State. He shall deduct the amount of judgment and costs out of the salary of said Judge, first liable to be drawn after such notification, and cause the same to be paid to the proper authorities of the Charity Hospital at New Orleans. 9. [SEC. 81. Any Tax Collector, or person collecting, or attempt1870-126, extra ing to collect any licenses or taxes, in the name of the State of Louisiana, without having duly qualified and given bond in accordunauthorized to ance with law, shall be subject to a fine of not less than one thou session. Intrusion into office of persons collect taxes. Attorney General to prosecute sand dollars, nor more than five thousand dollars, and to be imprisoned not less than two nor more than five years at hard labor. It shall be the duty of the Attorney General in the parish of Orleans, and of the District Attorney in the other parishes or districts of the State, upon information from the Auditor of Public Accounts, to prosecute all such cases in their respective parishes or districts, for which a fee of fifty dollars upon each conviction shall be paid to the attorney prosecuting. 10. [SEC. 95.] It is hereby made the especial duty of the Attorney General to prosecute for all violations of this act committed, all violations of done, or suffered, or performed by any State officer, or by any person acting by or under the authority of the State, or by or under revenue law. the authority of any officer or agent thereof. And it is hereby made the especial duty of each and every District Attorney, in each and every parish in this State, to prosecute for all violations of this act committed, done, suffered, or performed by the Treasurer of the parish, Treasurer of any organized city or incorporated village, or any other individual or person within the district or parish of, in, or for which he is such District Attorney. 1868-199. When and by whom an action by petition may be brought in 11. [SEC. 1150.] An action by petition may be brought before the proper District Court or Parish Court by the District Attorney or District Attorney pro tempore, and for the parish of Orleans by the Attorney General or any other person interested, in the name of the State, upon his own information or upon the information of any pri- State. vate party against the party or parties offending, in the following cases. First-When any person shall usurp, intrude into or unlawfully hold or exercise any public office or franchise within this State; or, Second-When any public officer shall have done, or suffered to be done, an act which by the provisions of law shall work a forfeiture of his office; or, the name of the Third-When any association or number of persons shall act within this State as a corporation without being duly incorporated. 12. [SEC. 1151.] In the cases mentioned in the foregoing section it is hereby made the duty of the District Attorney or District Day of Attor Attorney pro tempore of the parish in which the case arises, and, for the parish of Orleans, of the Attorney General, to bring action against the offending party or parties, when so required to do. ney General. swer. 13. [SEC. 1152.] Service shall be made in such cases as are provided for in the foregoing sections, the same as in other civil suits, Service and anand the answer of the defendant shall be filed within the legal delays as in other suits; such cases to be tried by preference over all other cases without being fixed for trial after issue joined. son shall be 14. [SEC. 1153.] When action shall be brought by virtue of the provisions of this act by the District Attorney or District Attorney Interested perpro tempore, or the Attorney General as the case may be, on the re- joined with the lation or informatfon of any person interested, the name of such person shall be joined with the State as plaintiff. 15. [SEC. 1154.] Whenever such action shall be brought against State. unlawfully col a person for usurping or intruding into a public office, the District suits for fees Attorney or District Attorney pro tempore, or the Attorney General, lected. as the case may be, in addition to the statement of the cause of action, may also set forth in the complaint the name of the person rightfully entitled to the office, with a statement of his right thereto, Possession to be demanded by the rightful person. and in such case on proof that the defendant has received fees or emoluments belonging to said office, an order may be granted by a Judge of a competent court for the arrest of such defendant, and for holding him to bail, subject to the same rights and liabilities as in other civil actions when the defendant is subject to arrest. upon 16. [SEC. 1155.] If the judgment be against the defendant, and rendered the right of the person so alleged to be entitled, and the same be in favor of such person, he shall be entitled after taking the oath of office, and otherwise complying with the requirements of law, to take upon himself the execution of the office, and it shall be his duty immediately thereafter to demand of the defendant in the action all the books and papers pertaining to said office. 17. [SEC. 1156.] If the defendant shall refuse to deliver over such books or papers upon demand he shall be deemed guilty of a fusing to deliver misdemeanor, and on prosecution thereof by indictment or information, upon conviction fined not less than two hundred dollars or imprisoned at the discretion of the court, not exceeding one year. Penalty for re the office and books. Recovery of damages. All claimants may be joined in one action. in damages. 18. SEC. 1157.] If the judgment be rendered in favor of the person so alleged to be entitled, he may recover by action the damages which he shall have sustained by reason of the usurpation by the defendant of the office from which such defendant has been excluded. 19. [SEC. 1158.] Where several persons claim to be entitled to the same office or franchise one action may be brought against all such persons in the same action in order to try their rights to such office or franchise. 20. [SEC. 1159.] When defendant, whether a person or a corDefendant liable poration, against whom such action shall have been brought, shall be adjudged guilty of usurping or intruding into, or unlawfully holding or exercising any office, franchise or privilege, judgment shall be rendered that such defendart be excluded from such office, franchise or privilege, and also that the plaintiff recover costs against such defendant, and such damages as are proven to have been sustained. Repealing clause. Appeals. 21. [SEC. 1160.] All laws or parts of laws in this State touching on the subject of quo warranto, conflicting directly or indirectly with any of the provisions of this act, be and the same are hereby repealed. 22. [SEC. 1161.] Appeals to the Supreme Court may be taken from any of the actions provided for in the foregoing sections, the same as in other cases. But all such cases shall take preference when they come before the Supreme Court over all other cases in the order of trial, and shall be made returnable to the Supreme Court, either in New Orleans or at one of its sessions in the country, on motion of either of the parties. [SEC. 1162.] summary. All the cases coming under the provisions of this law may be tried before a Judge of the district in chambers, or Trials shall be at a special term called by said Judge on legal notice being given the parties interested; and if required by either party, the Judge may order a special jury, to be summoned according to law, to try such case. 24. Judgments on and recog rendered. [SEC. 1168.] It shall be the duty of the Attorney General and the several District Attorneys, in their respective districts, on the 1855–151. second, or any other day thereafter, of each regular jury term of the forfeited bonds District Court, leave of the court being first had and obtained, which nizances, how leave shall always be presumed, to call any or all persons who may have entered into any bond, recognizance or obligation whatsoever, for their appearance or attendance at court, and also to call on the securities to produce instanter, in open court, the person of such defendant or party accused; and upon failure to comply therewith, on motion of the attorney representing the State, the court shall forthwith enter up judgment against the principal and his securities in solido for the full amount of the bond, recognizance or obligation. The judgment so rendered may at any time during the same term of the court for all the parishes of the State, except the parish of How set aside. Orleans, and for the parish of Orleans at any time within ten judicial days after notice of judgment to the parties, be set aside upon the appearance, trial and acquittal, or upon the appearance, trial, conviction and punishment of the defendant or party accused. Such judgment shall not be rendered in case it shall be made to appear to the satisfaction of the court, by the evidence of one or more disinterested and credible witnesses, the defendant or party accused is prevented from attending by some physical disability existing at the time. Venue in crim 25. [SEC. 1172.] Upon the application of the Attorney General or any District Attorney or District Attorney pro tempore of this State, 1868-182. the Judge shall, in any criminal prosecution, change the venue in be- inal cases. half of the State, and the Judge of any court exercising criminal jurisdiction in this State, shall, of his own accord, have power to change the venue in any criminal prosecution when, in his judgment, a competent jury of the parish can not be had, and in either case the venue shall be changed to any parish in that or any adjoining district where, in the opinion of the Judge, a competent jury is likely to be obtained. 26. [SEC. 3.] Each attorney at law, before practicing in any court of this State, shall have his license under this law recorded in 1870-126, extra a minute book, kept by the Clerk of such court for that purpose, and session. Attorney Gen- no Judge, Justice of the Peace or Recorder shall allow any lawyer to eral to prosecute Judges, etc., for practice in his court until this law is complied with. Any Judge, permitting at torneys to prac- Justice or Recorder violating this act shall be liable to a fine of five tice before them their license re without having hundred dollars, to be recovered before a District Court, to be sued corded by Clerk. for by the District Attorney or Attorney General, one-half to go to the informer, and the prosecuting attorney to receive a fee of fifty dollars, on conviction, in each case. For duties of Attorney General respecting Bankers and Banking corporations, see "BANKS," section twenty. |