ernments authorized by laws, whose compensation for official services or employment therein as fixed by the Constitution or laws thereof, who shall charge or receive or take, directly or indirectly, any more than the said lawful compensation for said official services or employment, shall be deemed guilty of extortion in office, and shall be punished in the manner hereinafter prescribed in this act. SEC. 2. That any public officer or employee as designated in Section 1 of this act, who shall fraudulently carry or cause to be carried, directly or indirectly, upon the lists or pay rolls of his office the name or names of persons as employees therein to whom are thus allowed salaries or pay for services not rendered, said pretended employee or employees being such as are commonly known as "deadheads," shall on conviction by a court of competent jurisdiction be guilty of the crime of extortion in office, and shall be punishable in the manner hereinafter prescribed in this act. SEC. 3. That any officer or person violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof by a court of competent jurisdiction, shall be liable to pay a fine of not more than one thousand dollars, and to an imprisonment for a term not exceeding five years, at the discretion of the court; and any person aggrieved or injured by the acts of said offender shall, independent of any criminal proceedings, be entitled to maintain a civil action against the same for damages or injuries sustained, and a verdict in favor of the party injured, or a conviction of such offender, shall, ipso facto, operate a vacation of the office or functions of said offending official or employee. SEC. 4. That this act shall take effect and be in force from and after its passage, and all conflicting laws herewith be and the same are hereby repealed. REMOVAL FOR CAUSE. Act 125 E. S. 1877, p. 194. AN ACT to amend an Act entitled "An Act to authorize and empower the Governor to remove for cause or incompetency any officer or appointee whose appointment is vested in him under existing laws, approved April 4, 1877." SECTION 1. "That the Governor be and he is hereby authorized and empowered to remove for cause or incompetency any officer or appointee whose appointment is vested in him.” Amending Act 49, E. S. 1877, p. 80. REMOVAL OF OFFICERS. Act 135, 1880, p. 184. AN ACT relative to suits and the trial thereof before the district courts of the State, for the removal from office of district attorneys, clerks of courts, sheriffs, coroners, recorders, justices of the peace, and of all other parish, municipal or ward officers, under the provisions of articles one hundred and ninety-six and two hundred and one of the State Constitution; to provide for motions for new trials. and for appeals from interlocutory decrees that might cause irreparable injury, and from all final judgments in such suits. That all suits for the removal from office of any district attorney, clerk of court, sheriff, coroner, recorder, justice of the peace, or of any other parish, municipal or ward officer, for any of the causes specified in article one hundred and ninety-six of the State Constitution, shall be instituted before the district court having jurisdiction over the place of defendant's domicile, by the district attorney, or by the counsel appointed by the court in the case provided by the Constitution, in his name, on the relation of the State, and he shall allege, with the other essential allegations, that the suit is instituted on the written request · and information of ten. twenty-five or more resident citizens and taxpayers, whose names shall be set forth likewise in the petition. Such suits in the parish of Orleans shall be instituted before the Civil District Court. SEC. 2. That the citizens and taxpayers at whose request the suit is brought shall have the right to employ, at their own exclusive cost, counsel to aid the attorney of the State in instituting and in conducting the same, until it shall have been finally disposed of, and such su ts shall be tried by preference over all others. SEC. 3. That in all cases instituted to remove an officer on the ground of his incompetency, arising out of his want of the knowledge necessary to enable him to perform the duties of his office, or of any mental incapacity unfitting him for the office, the court may, on its own motion, or on that of any party to the suit, cause the defendant to come before it, in person and in open session, to answer any pertinent question, which may be addressed to him; as each question is put to him the clerk shall write it down and number it, and as each is put the defendant shall, with his own hand, write on a separate paper his answer, and number it to correspond with the number of the question, and this without being permitted to leave the presence of the court or to have recourse to the assistance of any person, book, paper or memorandum whatsoever; if defendant be unable to write, the cause of his inability shall be stated by him, under oath, and the clerk shall take down his answers in writing; provided, that questions propounded to said officer shall not be foreign to the duties of his office. In case of appeal the original papers containing such questions and answers shall be sent with and form a part of the transcript, the clerk retaining a certified copy of the same. In all other cases of removal defendant may be summoned and examined under oath, as any other witness. SEC. 4. That either party to suits brought pursuant hereto may claim trial by jury; provided, that the plaintiff may pray for jury trial in his original petition, and not thereafter, and that the defendant may pray for jury trial in his original answer, and not thereafter. In case either party prays for a jury during a term for which no jury has been drawn, or the jury drawn and summoned for which, has been set aside, and there be time to do so and try the case before adjournment of the term, the court shall, at once, order the jury commissioners to draw a new or special jury, as the case may be, to try the case, if either party require it. If the term of court next succeeding that during which the jury is prayed for, or succeeding the time when such prayer is filed, if filed in vacation, be not a jury term, the case remaining untried, the judge shall order the jury commissioners to draw a special jury to appear at such term of court to try the case, and these rules shall apply to all succeeding terms until the case shall be finally tried. In all cases, when a special jury is ordered, the judge shall order the drawing of thirty qualified jurors who shall be summoned by service of notice in the usual form. On the trial the jury shall be impaneled and the right to challenge shall be exercised as in jury trials in ordinary civil cases, and talesmen may be summoned as in other cases. SEC. 5. That either party to such suits may make motions for new trials within the same delays, on the same grounds and in the same manner and form as is provided in other cases before the district court. SEC. 6. That from all interlocutory decrees that might work irreparable injury, and from all final judgments in such cases, any party thereto or any of the citizens whose names are set forth in the petition may appeal, on giving bond in such sum as the court may fix in the order granting the same. Such appeal bond shall be given in the manner and form as in other appeals in civil cases, and the appeal shall suspend the execution of the judgment appealed from. All such appeals must be taken and the bond furnished within ten days from the signing of the judgment, and shall be made returnable within ten days from the granting of the order of appeal to the appellate court, wherever it may be sitting, or wherever it may hold its next session. SEC. 7. That if on appeal, the case be remanded for further or another trial, it shall be had and proceeded with in the same manner as is provided in the foregoing sections, for its first trial. SEC. 8. That the pendency of a suit to remove an officer shall not operate a suspension from office. SEC. 9. That judgments in all such suits shall become of force and be executory as in other cases before the district courts of the State. SEC. 10. That if judgment in such suits be rendered against the defendant he shall be condemned to pay all costs, and if judgment be rendered in his favor the citizens at whose request the suit was brought shall be condemned jointly and in solido to pay all costs. Const., Art. 201. Commissions to officers, issued while mandamus proceedings were pending to test the legality of a removal, will not destroy relator's cause of action. State ex rel. Denis vs. Shakespeare, 43 An. 92, and see State vs. Abbott, 41 An. 1096. An officer, who is his own successsor, may be removed for acts done in his prior term of office. State vs. Bourgeois, 45 An. 1350. SUSPENSION OF DEFAULTING TAX COLLECTORS. Act 118, 1896, p. 167. AN ACT to authorize the Governor to suspend any Tax Collector or ex-officio Tax Collector from office when it is shown from the books of the office of Auditor of Public Accounts, that he is a defaulter and has failed, refused or neglected to make settlement. SECTION 1. That whenever any tax collector or ex-officio tax collector becomes a defaulter as shown by the books of the Auditor of Public Accounts, the Governor is hereby authorized to suspend such defaulting collector from office until such time as full and complete settlement has been made of all taxes and licenses by him collected. SEC. 2. That upon the Governor being notified that any of the tax collectors of the State are defaulters he shall call upon such defaulting officer to make good the amount demanded of him within ten days, and upon his failure to respond to such notice he shall immediately suspend him from office. SEC. 3. That the provisions of this act shall in no wise abridge, repeal or modify the penalties under existing laws for failure to make settlements within the time prescribed by law. SEC. 4. That when a collector or ex-officio tax collector is suspended as herein provided, the Governor shall have the power to direct the Auditor to take charge of all books, rolls and papers connected with his office as tax collector until he makes proper settlement or his successor qualifies; and the Governor shall direct the District Attorney to institute suit to remove any sheriff from office who may be suspended as ex-officio tax collector under this act. Nothing in this act shall be construed to modify or restrain the power of the Governor to remove any tax collector appointed by him. SEC. 5. That this act shall take effect immediately after its promulgation as required. State ex rel. District Attorney vs. Reid, 45 An. 162. SHERIFFS, ETC., MAY NOT HOLD CERTAIN OFFICES. AN ACT to amend and re-enact Act No. 7 of the Extra Session of 1877, to prohibit any Sheriff, Clerk or Federal officer from holding any office or profit under Police Juries or School Boards. That Act No. 7 of the Extra Session of 1877, be amended and re-enacted so as to read as follows: SECTION 1. That it shall be unlawful for any Assessor, Sheriff, or Clerk, or any person holding any office or trust under authority of the United States Government, or any of the departments thereof, to hold any office or position of profit under the Police Juries, or Board of School Directors in this State; that Police Juries and School Boards are hereby prohibited from allowing any compensation to such officers in such cases; and any member of a Police Jury or School Board who shall violate the provisions of this act shall ipso facto be deprived of his office. Act amended is Act No. 6, not No. 7. Quære, is No. 7 repealed? REPORTS OF BOARDS AND OFFICERS. Act 36, 1894, p. 38. AN ACT to require all State and District Boards, State and District officers charged with the reception of or disbursement of public funds to file with the Auditor of Public Accounts, itemized, detailed semi annual reports, and all Parish officers and Parish Boards charged with the reception of or disbursement of Public funds, to file with the Clerk of the District Court, itemized, detailed semi-annual reports providing penalties for failure so to do. SECTION 1. That in addition to the biennial reports now required by law from State and District Boards, State and District officers or other persons receiving or disbursing State or District funds, said Boards, officers and persons shall render, in writing, to the State Auditor, semi-annual itemized. detailed reports, which in case of the report of a board or its representatives, shall be signed by the President and Secretary of the Board, showing the several sums received and from what source and the several sums disbursed and for what purpose and to whom paid, the said reports to be made on or before the first days of June and December of each year; and in the event of the failure so to do, on the part of any Board or District officer or other person above named, the Auditor shall report the delinquency to the Governor within fifteen days after said failure, who shall be authorized thereupon, to remove from office the members of said Board, or District officer or other person, as for cause, unless it may be made to appear to the satisfaction of the Governor, that said failure or delinquency occurred from unavoidable or excusable causes. SEC. 2. That all Parish Boards and Parish officers having in charge the reception of or disbursement of public funds shall make semi-annual itemized, detailed accounts as required above, to the clerk of court of the respective parishes, under the forms, conditions and penalties enumerated in Section 1 of this act. SEC. 3. That in case any salaried officer of the State failing to file with the Auditor of Public Accounts semi-annual, itemized detailed accounts, as provided in the first section of this act, the Auditor shall, within fifteen days thereafter furnish to the Treasurer of the State a certificate to that effect and thereafter it shall be illegal for the Auditor to audit any warrant of said officer for salary, or the Treasurer to pay the same, until such time as the delinquent officer shall have complied with the foregoing provisions. SEC. 4. That all laws or parts of laws in conflict with the provisions of this act be and the same are repealed and that this act shall take effect from and after its passage. Sure Act 33, 1880. Officers to deposit money, etc., printed at p. 110. See Sec. 277. Act 46, 1880. Relief of sureties on official bonds, printed under title " ties." See titles "Office," "Bonds," "Judiciary Department," "Revenue," "Quarantine," Fees and Costs," and all titles where an officer is specially designated 99 46 OYER. 2623. Original of act under private signature need not be annexed to petition, but must be produced, when prayed for. See C. P., Art. 175. OYSTER INDUSTRY. Act 121. 1896, p. 170. AN ACT to encourage, protect, regulate and develop the oyster industry of the State of Louisiana; to define the rights of riparian proprietors in oyster beds and fisheries on their water front; to provide for the leasing of oyster lands belonging to the State; to provide for the licensing, registration, and designation of vessels engaged therein; to provide for the punishment of persons depredating on oyster grounds, establishing a close season for the fishing of oysters grown in this State; to authorize the police juries of the several parishes in which oyster lands are situated, to pass ordinances to carry out the provisions of this act; to provide for the appointment of an oyster inspector for each of said parishes; to define his duties and powers and fix his salary, to impose penalties for violations of this act: to repeal Act No. 106, of 1886, approved July 8,1886; an act, No. 110, of 1892, approved July 7, 1892, and all acts or parts of acts in conflict with the provisions of this act. SECTION 1. Beds of Rivers, etc., the property of the State. That all of the beds of the rivers, bayous, creeks, lakes, coves and inlets bordering on the Gulf of Mexico, and all that part of the Gulf of Mexico within the jurisdiction of this State; shall continue and remain the property of the State of Louisiana, and may be used a common by all citizens of the State for the purpose of fishing, and taking and catching oysters and other shell fish subject to the reservations and restrictions hereinafter imposed and no grant or sale or conveyance shall hereafter be made by the Register of the State Land Office to any estate, or interests of the State, in any natural oyster bed or shoal, whether the said bed or shoal shall ebb bear or not; and the citizens of this State shall have the exclusive privilege to fish or take oysters in any natural oyster bed or shoal subject to the restrictions hereinafter imposed. SEC. 2. Rights of Owners of Shore. That the rights of the owner or occupant of land on any of the shores of bays, bayous, inlets and lakes, shall extend to ordinary low water mark; but it is not intended thereby to deprive them of the privilege of bedding or planting oysters extended to all citizens of the State under the several Sections of this Act, and subject to the restrictions hereinafter imposed. SEC. 3. Revenue “ Oyster Fund.”—-That the revenue due the State from the oyster industry shall be paid into the State Treasury to the credit of a separate fund to be known as the Oyster Fund" and the revenue due the parish therefrom shall be paid into the treasury of the parish where said tax is collected to the credit of the School Fund of such parish, after paying therefrom the salary of the inspector provided for in this act, and other expenses that may be incurred in the enforcement of the provisions of this act, and of the regulation that may be enacted by the police juries of the parishes where this act applies, and the cost of the map as hereinafter provided. SEC. 4. Location of Oyster Beds, etc.—That any person or persons desiring to locate places for the bedding and planting of oysters upon the water front of any lands owned by the State shall make application to the police jury of the parish in which said lands are situated, stating the number of acres, the description of the place and where situated, accompanied by a map or sketch and proces verbal of survey by the parish Surveyor showing metes and bounds, for which map or sketch or proces verbal, said applicant shall pay the Parish Surveyor the sum of five ($5.00) dollars by way of fee for each and every such application and the police jury shall thereupon lease said described water front for a term not exceeding ten (10) years, and the said applicant shall bind himself in said lease to pay an annual rental of twenty-five (25) cents each to the State and parish for each and every acre so leased which "ent shall be payable on the first day of October annually, and if not then paid the police jury shall declare such lease dissolved and the rights of the holder thereunder forfeited, including all the oysters so planted by him; that on the granting of said lease said applicant shall have said bedding or planting ground staked off with poles, or staked by the said parish surveyor, who shall proper brands upon said stakes so mark them as to be able to identify them, for which service the Parish Surveyor shall be entitled to |