The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-12-16
Che Sam Grlszns Grrsreni.
WEDNESDAY, xoRsIsG. DECEMBER ls. lsss.
ANOTAER AeT OF THE LATE LEGIs.
LATUKE DECLABED UNCONsr THU.
TIONAL. Aa Nrt .l1 -

The following Judgment has been recently rem.
dered by the Hon. G. Merrick Miller. judge Of
the Seventh Judicial District, presiding In the
parish of Pointe Coupee:
Seventh Judicial District Court, parish OF
Pointe Coupee- Alceide Bouanchaud vs.. Charles
d. Cooley & Phillips for plaintiff; Fred.
H. Fsrrsr for defendant.
The plaintiff. Alceide Bouanchaud is the duly
elected judge Of the parish court for the parish OF
Pointe Coupee. and as such alleges that he is
authorized and empowered by the Constitution Of
this State TO exercise and perform all the duties
appertaining to said Office, and to collect and re-
ceive all the fees and emoluments appertaning or
belonging thereto, or which are allowed by law
for such services the law required the clerks of
the late district court to render In succession
cases. and such civil suits as have been by the
Constitution of 1868 transferred to the parish
court; that these rights are given to the judge of
the parish exclusively. by article Sc Of the Con.
stItuton.
The plaintiff further alleges that the act of the
Legislature approved 4th September, 1868, so far
as il requires clerks of district courts to act as
clerks of the parish courts and to be themselves,
or by regularly qualified deputy, always in at
tendance on the parish court at all its terms and
sittDgs, and making the clerks of the district
courts e1 oticiO clerks of the parish courts, aud
prohibiting the parish judges from receiving any
fees Of Office, is In violation of the Constitution,
and null and void.
Defendant denies that plaintiff has any interest
in the matter at issue, or that he has shown any
cause of action, aud also pleads the general
issue.
From careful examination of the provisions of
the Constitution, the court is clearly Of opinion
that the Judge of the parish s entitled to receive
asalary and fees to be provided by law, and until
the Legislature establishes other fees, he Is en-.
titled TO receive all the fees which clerks of dis.
trct courts were authorized to charge in such
cases as have been transferred by law to the
parish courts.
Th... ,;~hts ara ..crr.d hv art;,la 90 IF tha
Constitution, and tcannot be taken away by the
legislative action, and that those portions of the
above mentioned act which deprive the Judge of
the parish of any of those rights, and which re.
quire the clerk of the district court to act ear.
0ticio clerk Of the parish court, authorizes him
TO receive fees in any suits in said court are I'M
constitutional and void. The court being Of 9
opinion that the Judge Of the parish has sole and
exclusive right to act his own clerk, and to re.
ceve oil the fees which may be allowed by law for
business In the parish court, and the INJUNCTION
must, therefore, be maintained.
1t 10, there fore, ordered, sdjudged and decreed
that the Injunction sued out by plaintiff in the
case be maintained. That the plaintiff, Alceide
Bouanchaud. judge Of the parish court for the
parish of Ponte Coupee, be decreed to have the
sole and exclusive right to act as clerk of bis own
court, and to receive all the fees allowed by law
for business in his court and that the defendant.
Charles ID. Hebert, clerk Of the district court, be
and be is hereby perpetuay enjoined from acting
clerk of said parish court, interfering in any
way with the business thereof, and from collect.
ing or attempting to collect any fees or compen.
saton for or on account of services rendered by
him in his said capacity Of er oficio CLERK of said
parish count, or OF any suit business or legal pro-
ceedings bH1 or done IN said court.
1t ia further ordered that defendant pay costs Of