eral elective.

Salary.

ART. 92. There shall be an Attorney General for the State, who shall be elected by the qualified electors of the State at large. He Attorney Genshall receive a salary of five thousand dollars per annum, payable quarterly, on his own warrant, and shall hold his office for four years. There shall be a District Attorney for each judicial district of the State, who shall be elected by the qualified electors of the neys elective. judicial district. He shall receive a salary of fifteen hundred dollars, Salary and term payable quarterly on his own warrant, and shall hold his office for four

years.

District Attor

of office.

DISTRICT ATTORNEYS.

1. [SEC. 1140.] There shall be elected in and for each judicial 1865-126. district of the State, by the qualified voters thereof, one District District AttorAttorney, who shall hold his office for the term of four years.

ney elective.

Elections and

2. [SEC. 1141.] The elections shall be conducted and regulated and the returns thereof made in conformity with the laws regulating returns. elections in this State.

3. [SEC. 1142.] In case any vacancy should occur by death, Governor to fill resignation, refusal to qualify or otherwise, the Governor shall fill

vacancies.

Duties.

Duties relative

to claims of the State not provided for.

Percentage.

1868-155.

Fees in criminal cases.

1865-126.

ney General of

criminal prose

cutions.

such vacancy.

4.

[SEC. 1143.] They shall attend the sessions of the court in each of the parishes in the judicial districts, and shall represent the 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.

5. [SEC. 1144.] It shall be their duty to pursue, on behalf of the State, such legal measures as they may deem expedient for the recovery of all claims of the State, the recovery of which is not otherwise provided for, and to report their proceedings annually to the Auditor before the meeting of the Legislature.

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

7. [SEC. 1146.] The Attorney General and District Attorney shall be entitled to receive the sum of fifteen dollars on each criminal prosecution in which the accused shall be convicted, to be taxed with the costs.

8. [SEC. 1147. It shall be the duty of all the District Attorneys in this State, on or before the first of December in each year, to Report to Attor make a written report to the Attorney General, setting forth the number of persons prosecuted in the several parishes within their 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.

ney General of

nal cases in

9. [SEC. 1148.] It shall be the duty of each District Attorney in Report to Attor- this State, in all cases civil and criminal in which the State is concivil and crimi- cerned, and wherein appeals have been taken, returnable to 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, accompanied by a brief statement of the points and authorities in each case so appealed.

which appeals

are aken to

Supreme Court

sitting in New Orleans.

when employed

10. [SEC. 1149.] In all cases when the Auditor of Public Accounts is authorized by law to employ District or other Attorneys Commissioner, to recover money due to the State, the Attorneys thus employed by Auditor. 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 in all cases where Attorneys are employed by the Auditor, it shall not be the duty of the Attorney General to attend to the same.

whom an action by petition may be brought in

11. [SEC. 1150.] An action by petition may be brought before the proper District Court or Parish Court by the District Attorney 1868-199. or District Attorney pro tempore, and for the parish of Orleans by When and by the Attorney General or any other person interested, in the name of the State, upon his own information or upon the information of the name of the any private party against the party or parties offending in the fol- See OFFICE. lowing cases:

First-When any person shall usurp, intrude into or unlawfully 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

State.

Third-When any association or number of persons shall act within this State as a corporation without being duly incorporated. 12. [SEC. 1151.] In the cases mentioned in the foregoing section it is hereby made the duty of the District Attorney or District Duty of District Attorney pro tempore of the parish in which the case arises, and, for Attorney Genthe parish of Orleans, of the Attorney General, to bring action against the offending party or parties, when so required to do.

Attorney and

eral.

answer.

13. [SEC. 1152.] Service shall be made in such cases as are provided for in the foregoing sections, the same as in other civil suits, Service and 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.

son shall be

14. [SEC. 1153.] When action shall be brought by virtue of the provisions of this act by the District Attorney or District Attorney Interested per 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.

State.

unlawfully col

15. [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, lected. 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

demanded by

the rightful 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.

16. [SEC. 1155.] If the judgment be against the defendant, and Possession to be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he shall be entitled 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.

fusing to deliver the office and books.

17. [SEC. 1156.] If the defendant shall refuse to deliver over Penalty for re- such books or papers upon demand he shall be deemed guilty of a misdemeanor, and on prosecution thereof by indictment or information, upon conviction fined not less than two hundred dollars or imprisonment at the discretion of the court, not exceeding one

Recovery of damages.

All claimants

may be joined

year.

18. [SEC. 1157.] If the judgment be rendered in favor of the person 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.

19. [SEC. 1158.] Where several persons claim to be entitled to the 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.

in damages.

20. [SEC. 1159.] When defendant, whether a person or a corpoDefendant liable ration, 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 clause.

Appeals.

21. [SEC. 1160.] All laws or parts of laws in this State touching 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.

22. [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