The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-04-26
NEW RLEANS:
THURSDAY MORNING, APRIL rs, 1s4o

THURSDAY MORNING, APRIL rs, 1s4o.
supreme Court Of Louisiana.
Condensed Dseisions-Nrw ORLEANS. April %. 1s4s
The Act of March 49, 1913 entitled Ao amend the
Act entitled Act to provide for the Mediation of the
affairs and payment of the debts of nsovent corpora
tons, approved May T. 1S47," is in direct conflict with
articles lls and lls of the Constitution. and there
fore null.
ALEXANDER WALKER, LIoUIDAToR, ps. J. H.
CALDWELL, i. u. STARKE.. Appeal from the
Fourth District Court Of New Orleans. t.. .EUsTIs,
Z. J. Walker, as liquidator of the Atchafalaya
Railroad and Banking Co., instituted this action to
recover from Caldwell $500, the amount due by
him for instruments on stock. The office of liqui-
dator having expired under the Act of Nav 4, 1847
the Legislature passed the Act of March l6, IS4s,
under which N: N. Reynolds was appointed as the
successor of Walker. Caldwell excepted TO the
validity of Reynolds's appointment, onthe ground
Of the unconstituonality Of the Act under which he
was appointed. The District Judge sustained the
exception. Reynolds afterwards resigned and T.
o. Starke was appointed as his successor, and upon
his attempting to proceed with the suit, the same
exception was taken to his appointment, which be.
ing also sustained and the suit dismissed, Starke
has appealed.
Walker was appointed under an Act entitled
"an Act to provide for the liquidation of the affairs
and payment ofthe debts of nsolvent corporations "
approved May A, 1847, and his term of service of
one year, TO which his appointment was limited by
said Act, had expired His successors were an
pointed under the Act approved March I6, IS4S,
entitled an Act to amend the Act entitled an Act
to provide for the liquidation of the affairs and pay-
ment of the debts of insolvent corporations, ap-
proved May A, 1847." The first section provides
that after the expiration of the term of office of the
liquidators appointed under the Act of 1S47, the
Governor shall appoint the lquidators who shall
continue in Office until the affairs of the respective
insovent corporations shall be liquidated and set
tied, provided the term shall not exceed two year;
and the iquidators shall give bond and conform to
the provisions Of the Act hereby amended.
Per Curiam: The article ll9 of the Constitution
provides that no law shall be revived or amended
by reference to its ttle but in such case the act
revived or section amended shall be resnacted and
published at length. The act of 1S4S purports ex-
pressy to amend the act of l847 by reference to its
title, and without reference to the act of lS47 its
provisions would be imperative. 1t purports to do
that which the Constitution declares shall not be
done and The act must yield to the operation of the
Constitution, or the articles of that instrument pro-
vidng for the forms of legislation be held to be of
no effect. Those forms have been placed under
the guarantee of the Constitution as a safeguard
against errors and abuses in legislative power.
1t has become the fundamental law of the State
that every law enacted by the Legislature shall
embrace but one object, and that object shall be
expressed in the title of the law that the Legisla-
ture shall never adopt any system or code of laws
by general reference but in all cases shall specify
the general provisions of the laws it enacts, and
that no law shall be amended or revived by refer
ence to its title.
The condition of our statute law was such at the
time of the formation of the Constitution as to i'm.
pose on the Convention the necessity of providing
in the Constitution itself for the forms of legisla-
ton. The title of act often afforded no clue to
Its contents, important general provisions were
found placed in acts private or local in their opera
ton; provisions concerning matters of practice or
judicial proceedings were sometimes in the same
statute with matters entirely foreign to them, the
result of which was that on many important SUBJ
jects the statute had become almost unintelligbe,
as they whose duty it has been to examine to act
under it can well testify. To prevent any further
accumulation to this chaotic mass was the object
Of the constitutional provisions under consdera-
ton. The Legislature having provided for revis
ion of the former statutes, if those provisions
observed by future Legislatures this body of our
law will be preserved in an Ineligible form 9TH
erwise the confusion which prevails will be con-
tinued and increased.
The argument of the counsel for the plaintiff is
that the act of lS4S is constitutional, because it
provides for the appointment of the officer after the
term under the former act had expired, and there
lore did not revive amend that act in the intend
ment of the Constitution. Notwithstanding this
formal provision in the act of 1S48 the objections
to its form still remain. The object of the law is
not stated in the title, except by reference to the
Title OF the act 1t purpOrts to amend. The object
and purpose of the Constitutional provision being
evident and UNREASONABLE, and its language free
from ambiguity, the duty is imposed on the Ju-
dietary of giving it effect.
Considering, therefore, that the first section of
the act of the 10th of March, lS4S, is in direct
conflict with the llSth and 18th articles of the
Constitution, the appointment of the plaintiff under
i as Liquidator of the AtchalalsS, Railroad and
maintain the present action against the defendant.
The judgment of the District Court is therefore
afrmed, with costs.
EDWARD SPARROW, Curator, Us. PENELOPE
McGILI.. Appeal from The Tenth Judicial District
Coart, Parish Of Iensas. .EUsTIs, C. j.. Action
by painful, as curator of Ducker's succession, to
recover from defendant the balance due on four
promlssofy notes Of S22 ,225 SO, given by.him for
the purchase Of lands at the succession sale of
QUICKER ia IooS. The judgment below was
versed, and Judgement rendered against defend
ant for $60,e95 y, with 10 per cent interest from
an q, l64S, and also for S659l II. without inter-
Est, and the costs in both Courts and that the
mortgageed property described in the act of mort
gage be sold to satify this judgment.
When the rights, credits claims and demands of as,o,
are sold under execution. they must be properly described
in the advertisement to give bidders clue IN tbs,
value; otherwise the sale will be nullity.
ELIZA HENNEN GALES, WIFE OF GEORGE RAM
sEY, Us. WIN. CHRIsrY, ASSIGNEE OF 4. ID. Wal.
DEN EFT AL: Appeal from the Fifth District Court
Of New Orleans. .RosT, J. :. In this it was
held that when the rights, interests, claims and de-
mands Of minors against their mother and natural
tutrlx are seized and sold at the suit of judgment
creditor, those rights, etc., must be stated. in the
advertisement, in such manner as to give bidders
clue to their value and that Art CAT c. P. au-
thorzlng the seizure of the rights and credits of the
debtor, when he has neither movable nor Immove.
able property nor slaves, does not dispense with
proper description of the rights and credits seized
McDonough Us. Grayier's Curator. 9 T. r. $40.
The judgment Diminishing plaintiff action was af.
fmed with costs The sale of the rights, etc.. of