The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-01-23
NEW eORLEANS;
Thursday NfgHNlyG,T JANUARY "a, 1851.


u IN. C, we make the following statement, in cor
Iection of our note Of the proceedings Of the
supreme Court published ID Tuesday, papers e.,
Mosse Loys'sso DapJe, T. 70. c., VS.. Marie a.
Dnpre anil others, +. p.7 c.--Oa ,Appsal. :. The
majority Of the Court decide that Louis Dupre
!. nc; died interstate, leaving neither ascendants
or Legitimate descendants. His natural brothers,.
and nieceof one " Them, claim his succession as
heirs. at law, by Inheritance. Marie Lorenzo
Dupr6, W. c., alleges she is the natural daughter
oil the'-deceased, and is entitled to inherit his
succession SOC estate. She never was publicly
acknowledged BY him, in in baptism or by notarial
act; but she offered testimony to prove her Iater.
nifty by paro and other evidence, not amounting to
formal. ackRpwleds sment, which was rejected,
and the bill of exception taken to its admission
sustained. She was excluded from. the hersbip bv
the Judgment of the District Court which affirmed
RosT,J., dissenting in conclusion, said at
is admitted as true that article 22l, of the Civil
Code, ordains that no other proof OF acknow,edq..
msnt' except OF a voluntary acknowledgment in
due form, shall be admitted in favor of children of
color But, article 226 also provides that free ie
climate children Of color who have not been lie palv
acknowledged, may be allowed to prove their fltaL
non from father of color, This disposition IN
douotedy llmltst he application of article 221, to
children of color, descended from white parent
lh's interpretation is founded in justice and meets
the policy Of the law - s.,~ tT,.,=if p. ,ll.j !
The evidence. should have been admitted, and
abe nstunf daughter allowed to prove her patter.
nifty, and be admitted as heir in the descendne
line. - 'st"'', trf .'''7'o' ID T. a. '1'f' .
Samuel L. Forg0y vs. j. l.. Le,ois, Sheriff
stcr-ARpezi from tue Fifth District Court of.
Neo Orledns.'.. Il. Where a surety binds himself
In these words ~" am security to the CLERK lin
certain SUP for his fees in this case" he will not
be bound f'r the Sheriff s fees. O. 1t is the duty
OF the Cler in taking security for COSTS to require
security 70 cover the probable amount of COSTS
including t.e ShcrsF's ices. IT. .. N.
EusTls, cb. j., delivered the opinion of the Court
Executor issued against Samuel L. Forgay, for
the sum Of s34S SO, being for the Sheriff IS fees of
oihce. tis case of Marcellus Payne, f. W. c., u.s.
M. Larbeth,' in WHICH Forgay was security
Inc act at March 20, 1889, provides that whenever
a Pialnth = unknown to the Clerk or does not
olier sufficient guarantee for the payment of costs
the Clerk slall have the right require security to
cover the probable amount of costs, inclusive inf
Sheriff 's5@s. t' -r''"'.4'
The responsibility Of Forgay rests exclusively
on his obligation taken by the Clerk under this
act IN thes, words ,l"' Marcelus PAYNE. f. w. g..
as VIM nj Lambeth Filth District Court 7 am
security 10 he Clerk OF the First Distric. Court
Tor his fees in this case: October "a 1910
Samuel L. .Forgay.' 1t. appears to us as plain
as words can make ii, that Forgay did not hind
himself as security for the Sheriff ,sfees and
that no execution could be issued against HIM
for their amount Forgay enjoined the execu.
ton no might have had it quashed on his simn,a
motion. We think the Judge erred in dissolv;no
the injunction, and the Judgment to this effect i
erroneous.
wii the proce edings in that suit, has been
cumuiate Claim of the Sheriff against the Clerk
Tor The anouht of his fees, for which it has been
cohtendd that the Clerk was bound to take
seoufiy: Ihe Clerk had made, upon his general
aocKe', memorandum in this suit of Payne U.s..
Lambeth; that Samuel l.. Forgay was security for
costs. Our impression certainly is that the Clerk
would be bound TO the Sheriff for these costs,
because the memorandum may have misled him
Dut the Judge not having considered this claim it
oeihS presented in an irregular manner we
decline acting on it'll t 'e't '' ''r' q
Judgment dissolving injunction reversed, and the
oherIa is enJoned from exacting payment of his
ices 'mm fpfgay; the petition and call in warranty
oil the Sherif on the Clerk is dismissed; and that
'he ohef'h pay costs in both Courts, reserving his
fights against the Clerk by an ordinary action.
From VAsDisnAN's LAND. - The San Fran.
cisco Herald had received the Hobart Town Cou
'"r Tue LIST Of September. Among the local
non ces We find the following:
Tie Ethiopian Serenaders --The Ethiopian Sere.
nausrs gave their tenth concert under the imule-
diat' patronage of HislExcellency the Lieutenant
GoVsrnUs, at The. Victoria Theatre, last evening.
The programme include, some Of their choicest
selections, the Dark,eyed Maid, y &c My Canoe is
on &c ONO, and the exquisite solo on the banjo BY
Recalling, Wis Christ Church Bells" The en-
beavers of all the company to please have called
forth the tDfhistakeable appreciation of all who
have attended. In playing piano on "de bones"
the gentleman with that cogiomen is miraculously
grotesque Some Of the conundrums they propose
are very cutting and quzzicaI and add materially
10 the evenings amusement. The band Of Her
Majesty's 99th Regiment were in attendance A
neatly chased silver cup, gilt inside, of the value
OF ten gairseas, is NOW on view at Mr.. Charles
jones', Liverpool Street, which is intended to he
gwen by Mr.. Waterland to the rerr etrator of the
Dest original conundrum, open 10 all Van Deman's
Land Much curio1ity is excited from the novelty of
the thing. The cOnundrums will be brought before
jury at the ,FtHatre on Tuesday evening next.
Female Immigration large meeting was held
under the auspices of the Bishop Of Trausmania,
for taking steps 10 favor the immigration OF poor
and virtuous British women to the colonies. %
Cessation Of Irdnsporfa tion.--The following a1-
dress to The Queen from the Wives. mothers and
daug htersaOf Van Uemans Land, is in course of
signature: ~. .'"' -. ..., .,.,,- 10. = b..
That your Majesty's petitioners lament to hear
shat the Right Honorable the Secretary of State
for the Colonies has ntimated an intention of con
tinuing transportation OF convicts Van Diemen's
Land. " -
That during the last ten years nearly thirty thou
sand prisoners have been landed in this country,
which, according to a recent census, contained
twenty thousand young persons, of whom large
proportion under fourteen years of age.
That the late course of your Majesty's ministers
has changed the social aspect OF this colony; that
the prospects of young persons destroyed and
their morals endangered, by prison labor and
Wet example. .lss' 's az" -"'D -, ',l
That your MajestY's petitioners firmly believe
that the continuance of transportation will expatr
ate the rising generaton-to whom this beautiful
and fertile island is their native country and de-
prlve them Of their inheritance, 81 60
That the solemn promise Of your Majesty gov
eminent in fS17, that transportation should cease,
produced gratitude and hope in the hearts of thou:
sands. iat7'' J7h NM No.. -.
That this hope has been bHghted
That as dutul subjects of your Majesty, peti-
TONERS enreat your Majesty's Interference i They
humby, yet earnestly appeal, as wives, mothers,
and daughters, to your Majesty,s maternal sympa-
thy, and impiore that your Majesty will enforce
the fulfment OF the promise given in your foyal
name. ATM. ,ssr,',.. ~. -.
A GENCY Of THE O'FALLON STEAM
a MILLS, ST. Lopis-We will always be supplied with