1431. Proceedings Where Contest is for Seat in General Assembly. Any person intending to contest an election shall, within thirty days of the election, in the case of a Representative or Senator, give to the person concerned a written notice, under his hand, and attested by two subscribing witnesses, stating the fact on which the contest is founded, and no other can afterwards be admitted, and ten days' notice of the time and place of taking depositions thereon must be given the opposite party (Act 1814, Sec. 10, p. 100).

1432. Testimony, How Taken. - Any judge of a court of record, or two justices of the peace shall issue subpoenas for witnesses, and have power to compel their attendance; and the depositions taken before them 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 Senate, if they relate to a Senator (Act 1814, Sec. 11, p. 100).

1433. Petition, How Presented-Requisites.-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 (Act 1814, Sec. 12, p. 100).

1434. Appeal-Jurisdiction, etc.-In all contested elections brought before the courts of this State, the party cast shall have the right of appeal to 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 three hundred dollars, or the appellant giving bond and security 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 (Act 11, 1856, p. 9).

1435. Preference in Supreme Court. - All such contested cases shall have preference in the Supreme Court over all other cases therein pending, any law to the contrary notwithstanding.

In a contested election the value of the right involved embraces not alone the right to hold office, but the right of franchise, and this court has jurisdiction. State ex rel. Supervisors of Election vs. Judge, 48 An. 828. In the absence of statutory authorization courts are without jurisdiction to entertain cases involving contests for office; but the rule has never been extended so as to exempt officers from all judicial control. Id. [It appears-there is not a statement of facts-that the question involved the conduct of the relators prior to election, the lower court "made the

writ of mandamus peremptory," and the Supreme Court refused to make permanent the writ of prohibition, etc., which had been preliminarily granted.--Ed.] See dissenting opinions of Watkins and McEnery, judges. Courts have jurisdiction to control the ministerial functions of officers charged with the conduct of elections. State ex rel. Cosse et als. vs. Judge et al., 48 An. 849. So, also, have they jurisdiction where the taxpayers contest an election held to authorize levying a tax in aid of a projected railroad. The amount in dispute is the proposed tax on the property of all the taxpayers. There is jurisdiction, also, because the legality of the tax is questioned, and non-resident as well as resident taxpayers may be made parties. Sentell et als. vs. Police Jury, 48 An. 98. In contest for office, emoluments determine jurisdiction of Supreme Court. State ex rel. Buckner vs. Jastremski, 33 An. 110; 32 An. 1135. Right to an office is involved only where there is contest to title to office. Denio vs. Mayor, 43 An. 96.

Cases in which courts are without jurisdiction. State ex rel. Woodruff et al. vs. Dortch, etc., et al., 41 An. 847; State ex rel. Davis, etc., vs. Police Jury, 43 An. 1009; Reynolds, etc., Co. vs. Police Jury, 44 An. 869.

Where illegal act of commissioners is susceptible of special correction, the court should limit the remedy to throwing out the votes shown to have been illegally cast. Lucky vs. Police Jury, 46 An. 679. The court should give effect to an election when it can reach a conclusion as to the actual vote cast.

Id.

Appeals in contested election cases, where returnable. State ex rel. Leche vs. Fowler, 41 An. 380; Warren vs. McDonald, 35 An. 988; Id. 861.

CONTESTS FOR JUDICIAL AND OTHER OFFICES.

Act 129, E. S. 1877, p. 197.

AN ACT relative to contests for judicial and other offices, and providing a tribunal to try contested election cases when the district judge and the parish judge are recused, or motion is made to recuse them.

Whereas, the State constitution provides "that when the judge is personally interested in the suit he shall call upon the parish or district judge, as the case may be, to try the case," and no provision is made for the trial of cases where the judge is personally interested and the judge to whom the case is referred is recused.

SECTION 1. Jurisdiction, When Judge is Recused, etc.-That in any case in which a person claims to have been elected to an office, or contests the right of any person to hold an office, and claims that the office should be declared vacant, and in every proceeding, whether under the intrusion Act or any other Act authorizing the contesting of an election, and in all suits under the law providing for contested elections, if the judge of the district court having jurisdiction in the parish in which the defendant resides is interested, and the parish judge recuses himself or is recused on motion of the defendant or of the plaintiff, either may at any time before the assignment of the case have the same transferred and tried by the judge of the district court whose residence is nearest to the residence of the defendant.

SEC. 2. To What Court Case Transferred. That if the judge of the parish court be the interested person, and the judge of the district court is called upon, but he recuses himself or can not try the case for any of the reasons now provided by law, then it will be transferred to the parish judge of one of the neighboring parishes in the same judicial district wherein resides the defendant.

SEC. 3. Proceedings May Be by Rule in Certain Cases.-That the plaintiff or the defendant may at the time suit is instituted or at any time after apply to the judge of the said residence for a rule issued to the judges (who can not try the case because recused on their own motion or because parties to the case allege and establish that for legal reasons they should be recused) to show cause within three days from the date of the service of the said rule why he should not try the case, and that in applying for the said rule the said plaintiff shall swear

that the defendant is interested, and that the judge called upon to try the same or who may be called upon is recused for any of the causes now provided, and that the judge of the district court applied to resides nearer the residence of the defendant than any other judge of the district court.

SEC. 4. Rule Absolute, When.-That upon the said application being made, it shall be the duty of the judge applied to to make the said rule absoulte, if cause of recusation exists, and if his residence is nearest to the residence of the defendant, as above mentioned, and if suit has already been instituted, to direct that a copy of all papers and documents be sent to the clerk of the district court of the parish in which the said judge resides.

SEC. 5. Citation, When Case Removed.—If citation has issued and service has been made there will be no necessity for another citation to issue and another service to be made; the service of the said rule shall be sufficient. If citation has not yet issued, the judge at the time he directs that the suit be transferred, as above provided, shall order citation to issue that the defendant shall be cited to answer within ten days from the service of the citation, and no delays shall be granted on account of the transfer.

SEC. 6. Trial, How Had, Special Term. That the trial of contested elections shall be proceeded with at any regular term of the court for the parish in which the said transferred case is to be tried. 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 second Monday after the day the said case has been ordered to be transferred, or at any time thereafter not later than four weeks from the said time.

SEC. 7. Trial, How Conducted. That the said transferred cases shall be tried in accordance with the laws now applying to the trial of contested election

cases.

SEC. 8. May Be by Jury, Application.―That if either party desires that the case be tried by a jury motion for a jury shall be made within three days after service has been made.

SEC. 9. Appeal.—That the party cast in the suit may take an appeal from the judgment within ten judicial days from its rendition.

SEC. 10. Repealing Clause. That all laws or parts of laws in conflict with this Act shall be and they are hereby repealed, and that this Act shall take effect from and immediately after its passage.

CONTESTS FOR JUDICIAL OFFICE.

Act 39, 1873, p. 78.

AN ACT to amend and re-enact an act entitled "An Act to regulate proceedings in contestation between persons claiming judicial office," approved January 15, 1373.

SECTION 1. That act No. 11, entitled "An Act to regulate proceedings in contestations between persons claiming judicial office," approved January 15, 1873, be and the same is hereby amended and re-enacted so as to read as follows: That in any case in which a person claiming to have been appointed to the office of judge of any court in this State, and shall have been confirmed by the Senate and commissioned thereto, or shall have been elected, and, in pursuance of said election, shall have been commissioned, such commission shall be prima facie proof of the right of such person to immediately hold and exercise such office. SEC. 2. That if any person, being an incumbent of such office, or any person pretending to hold or exercise a judicial office, shall refuse to vacate said office, or desist from exercising such judicial functions, and turn the same over to the person so commissioned, such person so commissioned shall have the right to proceed by rule before any court of competent jurisdiction to have himself declared to be entitled to such office, and to be inducted therein. Such rule shall be taken contradictorily with such incumbent or person pretending to hold or exercise judicial functions, and shall be made returnable within twenty-four hours if the defendant in said rule reside within ten miles of the court, with an additional twenty-four hours for every additional ten miles his said residence may be from the court issuing said rule. And the case shall be tried immediately and without jury, and by preference to all other matters or causes pending in said court, and the judgment thereon shall be signed the same day of its rendi

tion; provided, that when any party may desire to take such rule or make application for removal of his case, as provided in section of this act; if the court may not be in session, the same may be granted at chambers, and it shall be the duty of the said court to to try the same at chambers, or to open and hold a special term for the trial of any such rule.

SEC. 3. That in case of recusation, or inability from any cause whatever, the judge or judges of the parish, or district wherein the persons so contesting shall reside, shall be unable to act, then and in that case the plaintiff in said rule may take said rule before the judge of the adjoining parish or judicial district, or to the Superior Court at New Orleans, as he may deem advisable; and in cases now pending, in which contestation between persons claiming judicial office is the subject matter at issue, either party shall have the right to have his cause removed to the adjoining parish or judicial district, or to the Superior Court at New Orleans, upon application to the judge of any adjoining parish or judicial district, or Superior Court at New Orleans, and affidavit of the recusation or inability of the judge to act from any legal cause, and upon the party filing said application and affidavit the court shall, by order, direct the removal of such cause, and the record shall thereupon be transferred to the said court; and in case of inability on the part of the party applying to obtain said record, or a duly certified copy thereof, sworn copies of the record may be filed with the court, and the case shall thereupon be tried in the same manner as if the original record was with the court; provided, that before any case so removed at the instance of any party shall be proceeded with, the court making the removal shall require that the adverse party shall have twenty-four hours notice, with an additional twenty-four for every ten miles his place of residence may be from the court.

SEC. 4. That either party to such rule may take an appeal from the judgment thereon, but such appeal shall be applied for within three judicial days from the rendition of the judgment on said rule, and shall be made returnable to the Supreme Court within five days, with an additional day for every ten miles the place of holding the court may be from the place where the Supreme Court is holding its session. The appeal shall be taken up by the Supreme Court, by preference over all other cases, immediately upon the application of either party, and the judgment thereon shall become final, after expiration of two legal days, whether judicial or not.

SE. 5. That all laws or parts of laws conflicting with this act, and all laws on the same subject matter, be and they are hereby repealed, and that this act shall take effect from and after its passage.

CONTEST OF SPECIAL ELECTIONS.

Act 106, 1892, p. 140.

AN ACT to provide for contesting elections held under Articles 209, 242, and 250 of the Constitution of 1879 and the laws to carry same into effect.

SECTION 1. That any election held under Articles 209, 242 and 250 of the Constitution of 1879 and the laws to carry same into effect, may be contested by any party or parties in interest, on grounds of fraud, illegality, or irregularity, before any Court of Competent Jurisdiction.

SEC. 2. That suit brought to contest any election, as aforesaid, shall commence by petition which shall be served in the manner provided by law, on the Police Jury or other body or authority holding such election, under the aforesaid Articles of the Constitution of 1879, and laws to carry same into effect; and any suit under the provisions of this Act, shall be brought within three months after the promulgation of the result of the election contested.

SEC. 3. All laws or parts of laws in conflict with this Act be, and the same are hereby repealed.

The Act does not conflict with the Constitution (Art. 29) because it regulates several different kinds of elections. Nor is it an attempt to enact laws by refer ences to title (Art. 30). Lucky vs. Police Jury, 46 An. 679.

COSTS IN CONTESTED ELECTION CASES.

Act 59, 1880, p. 57.

AN ACT relative to the payment of costs of court in contested election cases and in cases in which the right to an office is claimed.

That in every suit, having for its object the contest of the election of any district judge, clerk of the district court, sheriff, coroner, justice of the peace, and any other State officer or parish who may be elected by the people; and in every suit in which the right to any State or parish office whatever is claimed, whether such suit be brought by the person contesting the election or claiming the right to the office, or by the proper authority, on the relation of the person interested; the person contesting the election or claiming the right to the office, or on whose relation the suit was brought, shall be responsible for the costs of court, as in ordinary civil cases, and should the person whose election or whose right to such office is contested be cast in the suit, the person so cast shall be condemned to pay the costs of court, as in ordinary civil cases.

Act 40, 1873, p. 80. Plaintiff may discontinue before trial on payment of costs.

EVIDENCE.

1436. Official Character, How Shown.-It shall be the duty of the several courts of this State to receive the attestation or certificate of any American Consul, Consul General, Vice Consul or Commercial Agent, residing in any foreign country, as legal evidence of the attributes and official station or authority of any magistrate or other civil officer in such foreign country under the laws thereof; which attestation and seal shall be full and complete proof that it emanated from said Consul, Consul General, Vice Consul or Commercial Agent, as the case may be (Act 158, 1885, p. 200).

Sec. 603. Force and effect of acts before ambassadors, etc.

Act 117, 1894. Force and effect of acts before commissioners of Louisiana in other States of the Union, printed at p. 120.

1437. Sale of Town Lots in Conformity with Plan-Variations-How Regulated, etc.-Whenever land, divided into town. lots and sold in conformity with a plan, shall not be of the same extent as that mentioned in said plan, and the difference shall be more than one thousandth part, it shall be the duty of the State Surveyor, commissioned for the parish where said land is situated, to apportion, in conformity with the dispositions of the Civil Code, the surplus or deficit of said land, and to make a plan pointing out, according to such apportionment, the correct dimensions of each square and the breadth of each street; said plan shall be deposited by the surveyor of the parish in the office of parish recorder of the parish where the land is situated; and public notices shall be given by said surveyor