OFFENCES AND QUASI OFFENCES.

SEC. 2580. The different municipal corporations in this State stall be liable for damages done to property by mobs or riotous assemblages in their respective limits.

C. C. 2315 (2294); D. sec. 2453; Act 1855, p. 45.

SEC. 2581. (When a corporation may be sued in cases of trespassers.) See D. 725.

Act 1855, p. 485; C. P. 162, 165, sec. 9.

SEC. 2582. Article twenty-two hundred and ninety-four of the civil code of Louisiana, which reads, "every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it," be reënacted 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 case 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. SEC. 2583. From and after the passage of this act no client or other person shall be held to be liable or responsible for any slanderous or libelous words uttered by his attorney-at-law, but attorneys-at law shall be liable and responsible themselves for any slanderous or libelous words by them uttered; any law to the contrary notwithstanding

C. C. 2315 (2294); D. sec. 123, 3641, 3642; Act 1828, p. 160.

SEC. 2584. Article two thousand three hundred and four of the civil code be and is hereby amended so as to make the English of said article correspond with the French, and so as to make co-trespassers liable in solido.

(C. C. 2324 (2304); D. sec. 436 Act 1844, p. 14.

OFFICE.

ELIGIBILITY.

SEC. 2585. (To subscribe to oath of office before receiving commisgion.) Repealed.

D. sec. 1250, 2552; Act 1868, p. 45; Con. 1879, art. 149; Act 1878, p. 43,
No. 19.

SEC. 2586. (Oath for non-commissioned officers.) Repealed.
D. sec. 2553.

SEC. 2587. (The oath prescribed.) Repealed.

Con. 1879, art. 148-constitutional oath; D.'sec. 2554.

SEC. 2588. (Affidavit, how administered; to be filed in the office of secretary of State.) Repealed.

D. sec. 2555, 3515; Act 1878, p. 43, No. 19.

SEC. 1. All State, district and parochial officers of this State, wheth

er elected or appointed, shall be required, within thirty days after the re- Time at which ceipt of their commissions, to take the oath of office prescribed by law, and all officers have give bond where bond is required, and cause the same to be filed in the to qualify. proper office in the manner and as required by law.

SEC. 2. The failure of any officer to comply with the requirements of sec- Failure of any tion one of this act, within the limitations therein fixed, shall operate a officer to qualivacation of such office, and the governor shall proceed to fill said office by fy, etc. appointment as in other cases of vacancy.

Limitation al

SEC. 3. Any officer of this State, whether State, district or parochial, who has heretofore been elected or appointed to office, and who has failed to take the oath required by law and to give bond where bond is required, lowed to officers in accordance with existing laws, shall be required to take such oath and already elected give bond where bond is required, in accordance with existing laws, with- to qualify. in thirty days from the date of the promulgation of this act; and a failure

to comply with these requirements within the limitations fixed shall operate a vacation of such office, and the governor shall fill the same by appointment as in other cases of vacancy.

SEC. 4. All laws or parts of laws in conflict herewith are hereby repealed.

SEC. 2589. (Penalty for falsely taking the oath.) Repealed.

D. sec. 879, 2556.

be contested

SEC. 2590. Taking the oath prescribed in article two thousand five hundred and eighty-seven of this act, and the issuance of the com- The right to mission in consequence thereof, and the taking of the constitutional hold office may oath of office and entering upon the discharge of the duties of any notwithstanding the oath. ¡ 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.

nullifies official

SEC. 2591. If any person elected or appointed to any office, State, parish or municipal, in this State, and who is required to attest his Failing to comply with provis. eligibility to office according to the requirements of this act, shall pre- lous of the law sume to discharge or attempt to discharge the duties of any such acts. 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 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 Not entitled to 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.

pay..

Penalty for re

fusing to vacate it ineligible.

How information shall be brought.

Act 1878, p. 43, No. 19; D. sec. 2558, 3516.

SEC. 2592. If any person elected or appointed to any office, 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 wilfully 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.

USURPATIONS, INTRUSIONS INTO AND UNLAWFUL HOLD-
ING OF OFFICE,

(See removal from office, Con. 1879, art. 196-201; Act 1873, p. 80, No. 41; Act 1877, Ex. S., p. 194, No. 125; Act 1877, Ex. S., p. 80, No. 49; Act 1880, p. 156, No. 122; Act 1880, p. 184, No. 135; see D. sec. 1738.)

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 attorneygeneral 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.

C. P. 867; D. sec. 1150; Act 1868, p. 199; 25 A. 264, 267.

attorney

SEC. 2594. In the cases mentioned in section two thousand five hundred and ninety-three it is hereby made the duty of the district Duty of district attorney or district attorney pro tempore of the parish in which the and attorneygeneral. 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.

D. sec. 1151.

swer.

SEC. 2595. Service shall be made in such cases as are provided for in the foregoing sections the same as in other civil suits, and the an- Service and 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.

D. sec. 1152.

Interested per

joined with the

SEC. 2596. When an action shall be brought by virtue of the provisions of this act by the district attorney or district attorney pro sons shall be tempore, or the attorney-general, as the case may be, on the relation State. or information of any person interested, the name of such person shall be joined with the State as plaintiff.

D. sec. 1153.

Suit for fees

collected.

SEC. 2597. Whenever such action shall be brought against a person for usurping or intruding into a public office, the district attorney or district attorney pro tempore, or the attorney-general, as the case may unlawfully 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.

D. sec. 1154.

Possession to

SEC. 2598. If. the judgment be against the defendant, and rendered upon 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 be demanded by the rightful of office and otherwise complying with the requirements of law, to person. 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.

D. sec. 1155.

SEC. 2599. If the defendant shall refuse to deliver over such books Penalty for reor papers upon demand he shall be deemed guilty of a misdemeanor fusing to deliv

books.

er the office and and prosecuted therefor by indictment or information, and upon conviction fined not less than two hundred dollars or imprisoned, at the discretion of the court, not exceeding one year.

Recovery of damages.

All claimants may be joined in one action,

Defendant lia

D. sec. 882, 1156.

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.

D. sec. 1157.

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.

D. sec. 1158.

SEC. 2602. When defendant, whether a person or a corporation, against whom such action shall have been brought, shall be adjudged ble to damages. 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.

C. P. 867-873; D. sec. 1159.

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.

D. sec. 1160.

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.

D. sec. 61, 1161, 1911.

SEC. 2605. All cases coming under the provisions of this law may be tried before a judge of the district in chambers, or at a special Trials shall be term called by said judge, on legal notice being given to 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.

summary.

D. sec. 1162.