New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-03-25
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fisdictian of the Re-

4 passed beyond the furth fisdiction of the Re.
corders."
yH.qT BECOMES OF .aLL THE FNEss
We have heard the question asked repeatedly
within few weeks What becomes of all the
money collected by the Recorders of the city in
the way Of fines ~ 1t is o question naturally
Isuggested BY a comparison of the amounts real
lied from this source the past year and the one
preceding it. and after briefly giving some facts
in regard to the matter, we leave the problem
to the solution Of those whose interest it is to
understand it.
The receipts from fines imposed by the Recor-
| 1852, to April L, 1858, were as follows
First District So $50 Isl First District. s172s 90
Second & .202e sol Second 6 ...... GIL 70
Third Third 81 % Third Third .a ~ g g
| TN os s7s7 So
The sum of ST ,273 95 imposed by Recorder
vaught of the Fourth District, in the former
year, was recovered from that officer by legal
process, and in the latter year it seems he has
paid only $241 These figures are correct; we
| defy contradiction upon that point. And now,
we ask, trhat has become Of the money
Will it be pretended that our city has 80 far
| improved in morals as to bring about this great
| decrease in the number Of Unable offences? If
| so, where the necessity of employing the usual
police force? Why do we not find q cores
ponding reduction in the cos4 of maintaining it?
| No one. we are assured, will assume that such
is the case We repeat, phat has become Of
| the money
We have a word to say in regard to the len
iezcy of the Recorder of the First District.
Within the last week there have been more
cases dismissed and more Williams turned loose
upon society. than in any week previous, for
years! Can any one fail to see the motive I
| Only a day or two ago an officer had in custody
two prisoners charged with capital crinr
While on his way to the Police Office, he is
assailed by ruffian and one of the prisoners
rescued by violence. The Police rally and sue
coed in re-capturing the alleged criminal and
also his reseuer. The latter has been guilty of
q high crime in the eye Of the law. The officer
would have stoods justified in shooting him dead
on the spot. The next day he is brought before
the Recorder. The fact is already proved by
the oath of the officer, and is not denied by the
offender himself What does this electioneering
Recorder--this candidate for re-election-this
man who appeals to his fellow citizens to pass
upon his administration of justice since he has
been in office what does he do? Does he reqiure
Of him 8 heavy bond at once for his appearance
beforth the First District Court No such
thing! He acquits him on the spot; and Mon
day next he will be found swelling the ranks of
the off scourings Of Europe who assume to die
tate to us who shall be our next Recorder!
In his exhibition of legal knowledge he has
brought law into contempt. He has rendered
aimself the laughing-stock of the citizens and
the scorn of the Bar.
REID THIS,
THIRD JUsTcE's CoURT.-C. M de .armas
vs.. L. Bosoniens-The plaintiff demands resti-
tuition of the sum of one dollar paid to the
defendant as fees for drawing o bond furnished
/. by plaintiff in criminal case before the Re
corder Of the Second District The defendant,
it is admitted, is the Recorders Clerk. and
exacted the sum of 81 Gone dollar) as his legal
fee for drawing the bond. The single question
submitted to my consideration is, does the law
authorize the defendant in his official capacity
to exact tn s fee
/ am disposed to believe that this is an ex-
perimental suit, and as such, it ought perhaps
to be dismissed; for Courts of Justice. are
established to decide only real controversies
between litigants, and the Superior Courts
have invariably decided to diEmiss fictitious
suits, brought merely to ascertain the opinion
of the judge en- abstract questions of Law or
supposed issues; but as thequeston presented
seems to be of general interest, and as the
defendant 10 puDhc officer anxious to have an
unbiased decision in relation to point of
official duty. I will waive the right have to
dismiss the case er oficio, and will decide to
the best Of my abilities.
understand that the rule of decisions in
relation to demands made by officers for fees
has always been to reject all demands not
sanctioned by positive and special provision,
applicable firstly to the officer, secondly to the
particular service rendered, and thirdly fixing
the amount to be exacted.
First, then, is there any law authorizing Re-
corders' clerks to charge feess know of none,
and the defendant has pointed out none. True
it is, he refers me to the general law fixing the
fees of the several courts throughout this State,
but think this does not apply. In all the
statutes relative to fees, we find positive
and unmistakable distinction drawn between
" Courts in general and Justices of the Peace
In one partof the Laws, we find the quantum
Of fees which the several ssClerks of Courts
throughout the State are entitled to exact, and
III OtHtF lHMb, auu SUIQetlu6S III the same act.
we find distinct and different fees allowed to
Justices of the Peace: showing clearly that
the Legislature never intended that the general
laws relative to fees of CLERKS of Courts
should apply to Justices of the Peace or their
clerks. Indeed, nowhere do we find in the laws
the clerks of Justices of the Peace designated
as Clerks of Courts" They are invariably
termed sClerks of the JUSTICE and those in
the Recorders offices, Clerks of the Record
ers, not Of court. (Acts 1862, p. 81, sec. 81.
The Recorders tribunal is not a court, in the
sense intended BY the Legislature, when defin-
ing the fees of ssClerks Of Courts Indeed,
this distinction is to be found in the constitu-
ton itself Art. so of that instrument saws;
g The Jud ciary power shall be vested in su.
preme Court, in such inferior courts as the Leg.
islature may from time to time order and estab-
fish, and IN Justices of the Peace So that
under the Constitution the term sinferior
courts is net considered as embracing Justices
of the Peace, who are classed as a distinct order
of magistrates.
Now, Recorders are expressly declared by the
Constitution and laws to be g Justices of the 1
Peace and therefore they and their tribunals
and clerks must come under the laws applicable
TO the Justices of the P ce in this Parish, with
this difference: that the Recorders have Grim
iual Jurisdiction only. There may be laws au-
thorizing ordinary Justices of the Peace to
charge fees in criminal matters; but as to the
Recorders, they are expressly forbidden from |
making any charge for their services in such
cases. Act of 18th of February, 1926; Sec. 10.
Rullara g. I3urrxT 1e91TN