Sec. 1140. There shall be elected in and for each judicial district of the State, by the qualified voters thereof, one district District attor attorney, who shall hold his office for the term of four years.

Act 1865, p. 126.

ney elective.

Sec. 1141. The elections shall be conducted and regulated, Elections and and the returns thereof made in conformity with the laws regu- returns. lating elections in this State.

Sec. 1142. In case any vacancy should occur by death, res

ignation, refusal to qualify or otherwise, the governor shall fill Governor to such vacancy.

D. Sec. 1577, 1578, 2606.

fill vacancies.

Sec. 1143. They shall attend the sessions of the court in each of the parishes in the judicial districts and shall represent the Duties. State in all civil and criminal actions. In the districts in which the supreme court shall hold session, they shall also represent the State in all criminal cases coming before said court, except in New Orleans.

D. Sec. 2476.

Sec. 1144. It shall be their duty to pursue, on behalf of the State, such legal measures as they may deem expedient for the Duties relative recovery of all claims of the State, the recovery of which is not to claims of otherwise provided for, and to report their proceedings annually provided for. to the auditor before the meeting of the legislature.

the State not

Sec. 1145. They shall be allowed a compensation of five per cent. on all amounts by them recovered and paid to the State, Percentage. in cases not otherwise provided by law.

Sec. 1146. The attorney general and district attorney shall

nal cases.

be entitled to receive the sum of fifteen dollars on each criminal Fees in crimiprosecution in which the accused shall be convicted, to be taxed with the costs.

D. Sec. 137. Act 1868, p. 155.

Sec. 1147. It shall be the duty of all the district attorneys in Report to at this State, on or before the first of December in each year, to of criminal make a written report to the attorney general setting forth the prosecutions. number of persons prosecuted in the several parishes within their

torney general

in which ap

respective districts, the number of convictions, the nature of the crimes and offenses for which prosecutions were instituted, and also the nature of the crimes and offenses, the prosecution of which resulted in convictions; also the number of acquittals, and also the causes of all acquittals which have resulted from a defect of legislation or imperfect legislation, accompanied by such observations on the criminal jurisprudence of the State, as their experience shall warrant and require; and any district attorney who shall fail or neglect to make such report shall forfeit the sum of one hundred dollars, to be deducted from his salary.

Sec. 1148. It shall be the duty of each district attorney in Report to at this State, in all cases civil and criminal in which the State is torney general of civil and concerned, and wherein appeals have been taken, returnable to criminal cases the supreme court sitting in New Orleans, to immediately report in writing to the attorney general that such appeals have been taken, and the time when they are returnable, accompa nied by a brief statement of the points and authorities in each case so appealed.

peals are taken to supreme

court sitting in

New Orleans.

ers, when em

ditor.

Sec. 1149. In all cases when the auditor of public accounts Commission is authorized by law to employ district or other attorneys to reployed by au- cover money due to the State, the attorneys thus employed shall be entitled to receive ten per cent. on all sums up to one thousand dollars, and five per cent. on all sums over that amount which they may cause to be paid into the State treasury, and that in all cases where attorneys are employed by the auditor, it shall not be the duty of the attorney general to attend to the

When and by

tion by peti

tion may be

same.

D. Sec. 218.

Sec. 1150. An action by petition may be brought before the whom an ac- proper district court or parish court by the district attorney or district attorney pro tempore, and for the parish of Orleans by brought in the the attorney general 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:

name of the State.

First.-When any person shall usurp, intrude into or unlaw fully 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.

D. Sec. 2593. Act 1868, p. 199.

trict attorney

Sec. 1151. In the cases mentioned in the foregoing section it is hereby made the duty of the district attorney or district at- Duty of distorney pro tempore of the parish in which the case arises, and and attorney for the parish of Orleans by the attorney general, to bring action against the offending party or parties, when so required to

do.

D. Sec. 2594.

general.

answer.

Sec. 1152. Service shall be made in such cases as are pro- Service and vided for in the foregoing sections, the same as in other civil suits, and the 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. 2595.

person shall be State.

Sec. 1153. When action shall be brought by virtue of the provisions of this act by the district attorney or district attorney Interested pro tempore, or the attorney general as the case may be, on the joined with the relation or information of any person interested, the name of such person shall be joined with the State as plaintiff.

D. Sec. 2596.

unlawfully

Sec. 1154. Whenever such action shall be brought against a person for usurping or intruding into a public office, the district Suits for fees attorney or district attorney pro tempore, or the attorney general, collected. as the case may 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, subject to the same rights and liabilities as in other civil actions when the defendant is subject to arrest.

D. Sec. 2597.

be demanded

person.

Sec. 1155. If the judgment be against the defendant, and rendered upon the right of the person so alleged to be entitled, Possession to and the same be in favor of such person, he shall be entitled by the rightful after taking the oath of office, and otherwise complying with the requirements of law, to 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 said office.

D. Sec. 2598.

a

Sec. 1156. If the defendant shall refuse to deliver over such books or papers upon demand he shall be deemed guilty of misdemeanor, and on prosecution thereof by indictment or information, upon conviction fined not less than two hundred dollars, or imprisoned at the discretion of the court, not exceeding one year.

D. Sec. 2599.

Penalty for re

mattre liver the office

and books.

damages.

Sec. 1157. If the judgment be rendered in favor of the perRecovery of son 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. 2600.

Sec. 1158. Where several persons claim to be entitled to the All claimants same office or franchise one action may be brought against all in one action. such persons in the same action in order to try their rights to such office or franchise.

may be joined

ble in dam

ages.

D. Sec. 2601.

Sec. 1159. When defendant, whether a person or a corporaDefendant lia- tion, against whom such action shall have been brought, shall be adjudged 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

Appeals.

D. Sec. 2602.

Sec. 1160. All laws or parts of laws in this State touching clause. 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.

Trials shall be summary.

cute persons

D. Sec. 2603.

Sec. 1161. 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, 1911, 2604.

Sec. 1162. All the cases coming under the provisions of this law may be tried before a judge of the district in chambers, or at a special term called by said judge on legal notice being given 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.

D. Sec. 2605.

Sec. 1163. Any planter, manager, overseer, or other employer Duty to prose- of laborers in this State, who shall, previous to the expiration discharging la- of the term of service of any laborer in their employ, or under count of their their control, discharge from their employ any laborer, or laborers political opin- on account of their political opinions, or who shall attempt to

borers on ac

ions.

control the suffrages or votes of such laborers by any contract or agreement whatever, entered into at any time with such laborers, shall pay a fine of not less than one hundred dollars, nor more than five hundred dollars, to be recovered before any court of