Not entitled to pay. fusing to vacate if ineligible. 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 sufficient 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 shall not be entitled to demand or receive any salary of office after that time, nor shall he be entitled to receive any fees of office for services rendered in such office after that time; and any fees so paid shall not discharge the party paying them from paying again to the proper officer. 8. [SEC. 2592.] If any person elected or appointed to any office, Penalty for re. State, parish or municipal, in this State, shall fail to show his eligibility to such office, as is required by this act, and if his office has, according to the requirements of this act, become vacant, and another person has been elected or appointed to such office, and been authorized to enter on the discharge of the duties of such office, and should such person, whose office has become vacant, as aforesaid, fail to deliver over to the person so authorized to discharge the duties of such office, upon demand, all the books, papers, archives, records, property or other effects of such office, or willfully resist or obstruct such person in the discharge of the duties of such office, upon due conviction thereof, he shall be punished by imprisonment in the common jail not less than three nor more than twelve months, and fined not less than one hundred nor more than one thousand dollars. 1868-199. How information shall be brought. USURPATIONS, INTRUSIONS INTO, AND UNLAWFUL HOLDING OF OFFICE. 9. [SEC. 2593.] 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 private 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 Third-When any association or number of persons shall act within this State as a corporation without being duly incorporated. 10. [SEC. 2594. In the cases, mentioned in section two thousand five hundred and ninety-three, it is hereby made the duty of Duty of Disthe District Attorney or District Attorney pro tempore of the parish District Attor 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. trict Attorney, ney pro tem pore and Attor ney General. answer. 11. [SEC. 2595.] Service shall be made in such cases as are provided for, in the foregoing sections, the same as in other civil suits, Service and and 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. sons shall be 12. [SEC. 2596.] When an action shall be brought by virtue of the provisions of this act by the District Attorney, or District Attor- Interested perney pro tempore, or the Attorney General, as the case may be, on the joined with the relation or information of any person interested, the name of such person shall be joined with the State as plaintiff. State. unlawfully 13. [SEC. 2597.] Whenever such action shall be brought against a person for usurping, or intruding into, a public office, the District Suit for fees Attorney, or District Attorney pro tempore, or the Attorney General, collected. 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, 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, and thereupon he shall be held to bail, subject to the same rights and liabilities, as in other civil actions, when the defendant is subject to arrest. be demanded person. 14. [SEC. 2598.] If the judgment be against the defendant, and rendered upon the right of the person so alleged to be entitled, Possession to and the same be in favor of such person, he shall be entitled, after by the rightful 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 the office. 15. [SEC. 2599.] If the defendant shall refuse to deliver over such books or papers upon demand, he shall be deemed guilty of a Penalty for remisdemeanor, and prosecuted therefor by indictment or information, and fusing to delivbooks. er the office and Recovery of damages. All claimants may be joined in one action. ble in damages. 16. [SEC. 2600.] 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. 17. [SEC. 2601.] 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. 18. [SEC. 2602.] When defendant, whether a person or a corDefendant lia 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 defendant 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. summary. 19. [SEC. 2603.] 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. 20. [SEC. 2604.] 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. 21. [SEC. 2605.] All the cases coming under the provisions of Trials shall be this law may be tried before a Judge of the district in chambers, or 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 session. Intrusion into the office of Tax Collector. case. 22. [SEC. 81.] Any Tax Collector, or person collecting, or 1870-126, extra attempting to collect any licenses or taxes, in the name of the State of Louisiana, without having duly qualified and given bond, in accordance with law, shall be subject to a fine of not less than one thousand 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. VACANCIES. Vacancies in 23. [SEC. 2606.] Whenever a vacancy occurs in any office, State, parish, or municipal, in this State, now existing, or which may here- 1868–27. after be created from death, resignation, or from any other cause whatever, the mode of filling which is not provided for in the Con- chial offices. stitution, all such vacancies shall be filled, if they be State or parish officers, by appointment by the Governor, with the advice and consent of the Senate, which appointment shall be for the entire unexpired term of such vacant office. If the Senate be not in session at the time the appointment is made, the vacancy shall be filled by appointment by the Governor, which appointment shall expire on the third Monday after the meeting of the next session of the General Assembly thereafter, unless the time for which the vacancy exists, expires sooner; and if the time of such vacancy has not expired, it Municipal shall then be the duty of the Governor to fill such unexpired vacancy offices. by appointment, by and with the advice and consent of the Senate; and if it be a municipal office, the vacancy must be filled, by appointment by the Governor, for the unexpired term of the person whose office is so vacated. DEFAULTERS. Revision. to hold any of 24. [SEC. 1136.] No person who at any time may have been a Collector of Taxes, whether State, parish or municipal, or who may 1870-Statute of have been otherwise intrusted with public money, shall be eligible to Defaulters not the General Assembly, or to any office of profit or trust under the fice of profit or State government, until he shall have obtained a discharge for the trust. amount of such collections, and for all public moneys with which he may have been trusted. Nominating CONSTITUTIONAL PROVISIONS. ART. 60. He shall nominate, and, by and with the advice and consent of the Senate, appoint all officers whose offices are established and appointing by the Constitution, and whose appointments are not herein other power of the Governor. Power of the Governor to fill vacancies. Information from executive officers. Oath of office. wise provided for; provided, however, that the General Assembly shall have a right to prescribe the mode of appointment to all other offices established by law. ART. 61. The Governor shall have power to fill vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of the next session thereof, unless otherwise provided for in this Constitution; but no person who has been nominated for office and rejected by the Senate, shall be appointed to the same office during the recess of the Senate. ART. 62. He may require information in writing from the officers in the executive department upon any subject relating to the duties of their respective offices. ART. 100. Members of the General Assembly and all other officers, before they enter upon the duties of their offices, shall take the following oath or affirmation: "I, (A. B.) do solemnly swear (or affirm) that I accept the civil and political equality of all men, and agree not to attempt to deprive any person or persons, on account of race, color, or previous condition, of any political or civil right, privilege, or immunity enjoyed by any other class of men; that I will support the Constitution and laws of the United States, and the Constitution and laws of this State; and that I will faithfully and |