Liquors, ing. 74. [SEC. 74.] No person shall give, sell or barter any spirituous or intoxicating liquors to any person on the day of election, and any person, found guilty of violating the provisions of this section, shall be fined in a sum of not less than one hundred dollars, nor more than three hundred dollars, which shall go to the school fund. 75. [SEC. 75.] Whoever, knowing that he is not a qualified Corruptly vot. elector, shall vote or attempt to vote at any election, shall be fined in a sum not to exceed one hundred dollars, to be recovered by prosecution before any court of competent jurisdiction. Double vote. Bribery to influence voters. gal voting. 76. [SEC. 76.] Whoever shall knowingly give or vote two or more ballots folded as one at any election, shall be fined, in a sum not to exceed one hundred dollars, to be recovered by prosecution before any court of competent jurisdiction. 77. [SEC. 77.] Whoever, by bribery or by a promise to give employment or higher wages to any person, attempts to influence any voter at any election, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, and by imprisonment in the parish prison for not less than three months. 78. [SEC. 78.] Whoever willfully aids or abets any one, not Obtaining ille- legally qualified, to vote or attempt to vote at any election, shall be fined in a sum of not less than fifty dollars, to be recovered by prosecution before any court of competent jurisdiction. Disorderly houses. zens for politi 79. [SEC. 79.] Whoever is disorderly at any poll or voting place during an election, shall be fined in a sum not less than twenty dollars, to be recovered by prosecution before any court of competent jurisdiction. 80. [SEC. 80.] Whoever shall molest, interrupt or disturb any Meetings of citi- meeting of citizens assembled to transact or discuss political matters, shall be fined in a sum not less than fifty dollars, to be recovered by prosecution before any court of competent jurisdiction. cal purposes. Duty of peace officer. Any Sheriff, Constable or Police officer present at the violation of this section shall forthwith arrest the offender or offenders, and convey him or them, as soon as practicable, before the proper court. 81. [SEC. 81.] The court, imposing any fine, as directed in secImprisonment. tions seventy-four, seventy-five, seventy-six, seventy-seven, seventyeight, seventy-nine and eighty of this act, shall commit the person so fined to the parish prison until the fine is paid; provided, that said imprisonment shall not exceed six months. Perjury. 82. [SEC. 82.] In cases where any oath or affirmation shall be administered by any Supervisor of Registration, Assistant Super visor of Registration, or Commissioner of election, in the performance of his duty, as prescribed by law, any person, swearing or affirming falsely in the premises, shall be deemed guilty of perjury, and subjected to the penalties provided by the law for perjury. ernor to insure 83. [SEC. 83.] The Governor shall take all necessary steps to secure a fair, free and peaceable election; and shall, on the days of Duty of Govelection, have paramount charge and control of the peace and order peace. of the State, over all peace and police officers, and shall have the command and direction in chief of all police officers, by whomsoever appointed, and of all Sheriffs and Constables in their capacity, as officers of the peace. CONTESTED ELECTIONS. Contested elec officers in the leans, how con ducted. 84. [SEC. 1418.] When any person shall desire to contest the election of any Sheriff, Coroner or Clerk of the parish of Orleans, 1855-408. he shall, within ten days after the close of the election, give written tions of certain notice thereof to the appropriate party, which notice shall especially parish of Or set forth all the grounds of contest, and shall, within the same space of time, present a petition to the Judge of the First District Court of the parish of Orleans. The Judge shall proceed without delay to examine the grounds of contestation; and may, on the application of either party, order a jury to try the issue, and the decision therein shall be final. tions, how con 85. [SEC. 1419.] Any candidate for either of the offices of, Clerk of the District Court, Parish Recorder, Sheriff, Coroner, Contested elecJustice of the Peace, or any other parish officer that may be elected ducted. by the people, intending to contest an election, shall within ten days after the election, file, in the District Court for the parish in which the election may have been held, a petition setting forth the facts on which he intends to contest the election. taken, etc. 86. SEC. 1420. Either party shall have a right to proceed to take evidence relative to the facts specified, or to be specified in the Evidence, how petition, at any time before the trial, on giving the other party one day's notice of the time when and the place where the evidence is to be taken, if such place be within ten miles of the residence of the party to whom the notice is given; two days, if within twenty-five miles; three days if within forty miles, and four days, if at any greater distance. 87. [SEC. 1421.] Within ten days after the election, the party contesting shall present to the court, and which shall be filed, a Time in which petition signed by at least twenty voters of the parish, or in case of the election is to an election by a ward or other division of the parish, then the be contested. Contested elections, how conducted. Verdict, how found. Judgment, when final. New election, how ordered. be held for the trial of con voters signing such petition shall be ten in number, and be residents of the ward for which the election has been held, praying the court to examine the facts and decide thereon, The signatures to such petition shall be presumed to be genuine until shown by proof to be otherwise. 88. [SEC. 1422.] After ten days from the date of service of the petition of the contestant, and at least ten days' notice of the filing of the petition by the voters, the adverse party shall be bound to answer; and the issue thus formed shall be proceeded with summarily before the court and jury. The trial shall be conducted and submitted to the jury according to the laws by which other jury trials are governed. A majority only of the jurors shall be required to return a verdict. The jury shall have power to determine by their verdict which of the parties is entitled to the office, or to refer the same again to the people. The court shall have no power to grant a new trial as in other cases, and no appeal shall be allowed. 89. [SEC. 1423.] The judgment rendered upon the first finding of the jury shall be final; and on certifying the same to the Governor, a commission shall be issued by him in favor of the person in whose favor the verdict may be. 90. [SEC. 1424.] If the finding of the jury be in favor of a new election, the proper officers shall proceed to hold an election on the fourth Monday after the last day of the term of the court at which the judgment was rendered; at least fifteen days' notice of which shall be given at each precinct at which the elections are to be held. 91. [SEC. 1425.] The trial of contested elections shall be Special terms to proceeded with at any regular term of the court for the parish in which the contest is made. If no regular term of the court is to be held within five weeks from the time of filing the petition of the contestant a special term shall be holden on the third Monday after the day on which the election for the office contested was held, if such term can be holden without interfering with a regular term else, where in the district; if not, then a special term shall be held for that purpose on the second Monday after the close of the term which would otherwise have been interfered with. tested elections. and how drawn for special terms. 92. [SEC. 1426.] If the term at which the trial is to be proJury, by whom ceeded with, is not a regular jury term, the Clerk, Sheriff and the officer vested with the power of recording mortgages of the parishor a majority of them, shall, within three days after the contestant and voters caused their petition to be filed, determine who are to be summoned as jurors for contested elections at the next special or regular term of the court, by placing in a box and mixing together the names of one hundred voters of the parish, from which the names of fifty shall be drawn by the Sheriff, and registered as drawn by the Clerk and Recorder; which fifty so drawn shall form a panel for the trial of contested elections, and if a jury can not be formed from the fifty, thus summoned, talesmen shall be summoned by the Sheriff to make up a jury. 93. [SEC. 1427.] If either the Clerk, Sheriff, or other officer vested with the power of recording mortgages, be absent at the time fixed on to proceed either to selecting or drawing the jurors, or be the person contesting the election, the one or two who attend for the purpose shall elect some other person or persons to perform the duties imposed on such person or persons, as the case may be, with whose assistance the selecting and drawing shall be proceeded with as though all the officers named in the preceding section had been present, aiding and assisting in the same. In the absence of the Sheriff, corder, vacan cies, how filled. Jury, how se 94. [SEC. 1428.] In selecting the names of the one hundred voters to be placed in the box, it shall be the duty of those selecting lected. the same to select such persons residing in such parts of the parish as will enable them most conveniently to attend the court. made. 95. [SEC. 1429. In impanneling the jury, each party shall be Challenges, how entitled to ten peremptory challenges. cate of the 96. [SEC. 1430.] On the successful candidate furnishing to the Governor a copy of the judgment of the court in his favor, duly certain certificertified by the Clerk, dated after the last day of the term, the Gov- Clerk. ernor shall immediately issue a commission to such successful party. The certificate of the Clerk showing, either that the contest has been abandoned, or the right to prosecute is lost by non-compliance with the provisions of law, the Governor shall issue his commission in favor of the person in whose favor the certificate of election has been granted. In either case the Governor shall only issue the commission upon the party's complying with the other requirements of law. case of a con 97. [SEC. 1431.] Any person intending to contest an election. shall, within thirty days of the election, in the case of a Representa- 1814-100 10. tive or Senator, give to the person concerned a written notice, under Proceedings in his hand, and attested by two subscribing witnesses, stating the fact tested election on which the contest is founded, and no other can afterwards be Representative. admitted, and ten days' notice of the time and place of taking depositions thereon must be given the opposite party. of a Senator or 1814-100-11. [SEC. 1432.] Any Judge of a court of record, or two Justices of the Peace shall issue subpenas for witnesses, and have power to compel their attendance; and the depositions taken before them taken. Testimony, how 1814-100-12. Petition to va cate the seat of the member whose election is contested. 1856-9. Appeal granted tested elections. shall be transmitted to the Secretary of State, who shall lodge them, within three days after the succeeding session, with the Clerk of the House of Representatives, or with the Secretary of the State, if they relate to a Senator. 99. [SEC. 1433.] The person or persons contesting an election shall present a petition, signed by at least ten qualified electors of the district, within three days after the next meeting of the Legislature or within ten days of the time when such depositions were taken; allowing also one day for every twenty miles' distance from the place of holding such elections, to the seat of Government praying the House to examine the facts and decide thereon; and the judgment rendered thereon shall either confirm or vacate the seat. 100. [SEC. 1434.] In all contested elections brought before the courts of this State, the party cast shall have the right of appeal to in cases of con- the Supreme Court, as in other civil cases, where it is shown in the record, that the amount of the emoluments of the office in contest, is over five hundred dollars, on the appellant giving bond and security entitle to appeal. in such sum as the Judge of the court which renders the judgment, shall direct; and such appeal shall be considered suspensive in its operation and effect, any law to the contrary notwithstanding. Amount of the emoluments to Effect of the appeal. Contested cases 101. [SEC. 1435.] All such contested cases shall have preference to have prefer- in the Supreme Court over all other cases therein pending, any law to the contrary notwithstanding. ence in the Supreme Court. |