Obrázky stránek

courts of the State in cases of usurpation in office, except in so far as may be otherwise provided in the State Constitution and herein.

How Suit Brought.

3415. [Sec. 2.] All such suits shall be instituted by the Attorney General, or a district attorney, in the name of the State, on his relation, and he shall allege that that suit is instituted on the written request of fifty or more citizens and taxpayers residing within the territorial jurisdiction of the court the judge of which is sought to be removed, and he shall set forth, in his petition, the names of such citizens and taxpayers.

Petitioners May Employ Counsel.


[Sec. 3.]

[Sec. 3.] The citizens and taxpayers, at whose request the suit is instituted, shall have the right, at their own exclusive cost, to employ counsel to aid the State's attorney in instituting and conducting the same.

Mode of Trial.

3417. [Sec. 4.] The Supreme Court, in the exercise of its original jurisdiction in such cases, shall have the power to grant all orders and to issue and cause to be issued all writs, summons, warrants, commissions and all other process that may be necessary to secure a fair hearing and just trial thereof. It shall have the power to adopt all rules of court it may deem proper, and which may not be established or prohibited by law.

When Incompetency Alleged.

3418. [Sec. 5.] Said court shall, in all such cases, when the incompetency of the defendant judge, arising out of want of sufficient learning, or mental incapacity, shall be at issue, have the power to cause such defendant, on its own motion, or on that of any party to the suit, or of any of the persons at whose request the same shall have been instituted, to appear before it in person, in open session, there and then to answer any pertinent questions that may be put to him; provided, that should the court over which such judge presides be in session at the same time with the session of the Supreme Court at which the case is to appear, the personal appearance of such judge shall not be required until such time as he may do so without interfering with and interrupting the session of his court.


3419. [Sec. 6.] All such suits shall be summary in their nature, and shall be tried without the intervention of a jury. Either party thereto may make motions for new trials, in the same manner and form and on the same ground in and on which such motions may be made before the district courts; provided, that such motions may be made within three days after final judgment; and provided further, that all such motions be made and disposed of before the final adjournment of the session at which said judgment may have been rendered. Upon the expiration of the delays for making motions for new trials, no motion for a new trial having been made, or on the overruling of such motion, if one has been made, the judgment being signed, shall take effect and be executory.

Who Pays Costs.

3420. [Sec. 7.] In all such cases the defendant judge shall be condemned to pay the costs, if judgment be rendered against him; otherwise judgment for costs shall be rendered as is provided for in article two hundred of the State Constitution.

State ex rel. Atty. Gen. vs. Lazarus, 40 A. 856.


Removed Officer May Not Enjoin Successor.

3421. [Act 81, 1908, p. 95.] Whenever the Governor, by virtue of any law vesting that authority in him, shall remove a person from office and shall set forth in specific terms the exact cause of said removal and appoint his successor, the courts of the State of Louisiana, shall be without authority to issue any writ of injunction maintaining the removed officer in the possession, custody or control of the office, or restraining his successor from taking possession of the office, books, documents, archives, or emoluments thereof.

Power to Remove.

3422. [Act 125, 1877, E. S., p. 194.] The Governor is hereby authorized and empowered to remove for cause or incompetency any officer or appointee whose appointment is vested in him.

This Act has no application to the removal of Constitutional officers, State ex rel. Young vs. Auditor, 135 La. 669.

For Removal by Governor of Defaulters, see Defaulters.


[ocr errors]

Interdiction of Inebriates.

3423. [Sec. 1, Act 100, 1890, p. 116.] Any person who is an inebriate or habitual drunkard and by reason of said infirmity shall be unable to support himself or his family, shall be liable to be interdicted, and shall be placed in the custody and care of a curator who shall have full authority and control of the person of said inebriate with power to place him in a hospital or other institution for the treatment and cure of said infirmity.


3424: [Sec. 2.] Said interdiction may be obtained and such curator appointed at the suit of any member of the family or friend of the inebriate, and the curator shall have all the authority and control now conferred by law on curators of interdicted persons upon furnishing bond and complying with formalities and requirements of law now relating to the appointment and qualifications of curators of interdicted persons.


3425. [Sec. 3.] The Civil District Court for the Parish of Orleans is clothed with jurisdiction to grant such interdiction and appoint such curators for inebriates domiciled in the parish of Orleans, and the District Courts for each parish of the State shall have like jurisdiction in respect to inebriates domiciled in said parish.

Sending to Institute for Cure.

3426. [Sec. 1, Act 57, 1894, p. 196.] Any inhabitant of this State who is of kin to or a friend of an habitual drunkard, as hereinafter defined, may petition the District Court of and for the parish of the residence of such person, or the Civil District Court for the parish of Orleans, for leave to send such person at the expense of said parish or city, to such institute for the cure of inebriates for the medical treatment of drunkenness and morphinism as the said court may designate. Which petition shall set forth the name, age and condition of such person, and that such person or those of his kin petitioning are not financially able to incur the expense of his cure, and shall set forth that said person is willing and will agree to attend such institution for the cure of drunkenness and morphinism; which petition shall be verified by the person making such request, and shall

contain in addition thereto the written agreement of such person to take such treatment and to abide by the rules of the said institute for the cure of inebriates: And together with the names of three (3) taxpayers in the parish or city of his residence, stating that they are familiar with the facts set forth in the petition, and that they are familiar with the financial condition and circumstances of such person and of the petitioning kin, and deem it a proper case for assistance from the parish or city wherein the said person resides.

At Expense of Parish.

3427. [Sec. 2.] When such petition is filed, any judge of the courts referred to in Sec. 1, if satisfied from examination that the facts set forth in the petition are true, and that the said person has been a resident of the parish or city named in said petition for one year next preceding the application, and that such person of his own free will desires to take such treatment, then such person shall be sent to an institute for the cure of inebriates for the cure of drunkenness or morphinism, provided said institution is located in the State of Louisiana, and that the managers of such institution will agree to treat such person for a sum not to exceed one hundred dollars ($100.00): And the judge of the said court shall thereupon make an order that the expense of such treatment shall be paid out of the treasury of the parish or city named in said petition, as the case may be, in the same manner that other claims against such parish or city for the administration of justice are paid.

At the expense of the parish, Webster vs. Police Jury, 51 A. 1204.

Powers of Officers of Such Institute.

3428. [Sec. 3.] The officers of such institute for the cure of inebriates, as may be designated for the treatment of such persons, payment for whose cure is provided by this act,-shall become sworn officers of the court committing such person to their care, and shall have authority to enforce such reasonable rules as may be necessary for the administration of proper treatment to the patient entrusted to their care, but they shall receive no fee or compensation from any parish or city other than the sum provided for and limited by Sec. 2 of this act.

"Drunkard" Defined.

3429. [Sec. 4.] A drunkard, as mentioned in the foregoing sections of this act, shall be deemed to include any person

who has acquired the habit of using spirituous, malt or fermented liquors, cocaine or other narcotics, to such an extent or degree as to deprive him of reasonable self-control.



3430. [R. S. 1760.] There shall be established in the town of Jackson, Parish of East Feliciana, a hospital for the insane to be called "The East Louisiana Hospital for the Insane." (Amd. Act 174, 1910, p. 259.)

Board of Administrators.

3431. [Sec. 1, Act 146, 1898, p. 259.] The Governor of the State shall, by and with the advice and consent of the Senate, appoint eight (8) persons, who shall constitute the Board of Administrators of the Insane Asylum of the State of Louisiana. The members of said Board shall be appointed from the State at large, and of the first Board to be appointed, two of them shall be designated for the term of one year, and shall be chosen from among the members of the Board now in office. Two (2) shall be designated for the term of two (2) years, two (2) shall be designated for the term of three (3) years, and two (2) for the term of four (4) years, and their successors shall be appointed for terms of four (4) years each.

Now "The East Louisiana Hospital for the Insane."

Executive Committee.

3432. [Sec. 2.] The Governor of the State shall, ex officio, be President of the Board of Administrators; the Board shall elect from its members a Vice-President to preside in the absence of the President, and an Executive Committee of four (4). The Executive Committee shall visit the institution at frequent intervals, not less than monthly, and shall report its condition and management to the President of the Board, and the whole shall meet not less than four (4) times a year.


3433. [R. S. 1762.] The president and any three of the members shall form a quorum, and in the absence of the president

« PředchozíPokračovat »