The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-02-10

noi VI OAocsAlot ouu n8ftuOuy btfo6t0s o8LurQ81
night, Amanda, in company with . colorei
woman residing In the house, took q ride to Cana
street. They got out at the terminus and walked uI
st. Charles street, and when near the Academy O
Music, the older woman stopped 70 speak TO {
| friend. From that time she has not been seen
The woman has trunk Of valuable clothing in th'
hands Of her employer, another at Natchez, be
sides bounty claim, her husband having been
soldier in the United States army. ae 80 bsl
ABOUT FOUR O'CLOCK yesterday, driver Of o Goa
cart. Pat Egsn BY name. fell from his cart ant
was quite seriously injured about the face. HI
was sent home.
A COMPLAINT is made against certain police
officers who are daily seen on st. Charles street
In company With notorious thieves and pick
pockets. The conclusion of these associations ID
obvious. --.-fr
TEE AMERICAN UNION CLUE. composed of ex
officers and soldiers Of the United States service
will hold Especial meeting at their rooms, No. lle
CsroDdelet street. on Friday evening. the birth.
day Of the late President Lincoln. We acknowl
eoes the receipt OF az Invitation to be present and
participate in the exercises !, = -.
YOU'VE ann FnBzrx ocronooN .ornL. u9u160
Matte Perkins, was arrested yesterday BY Specia
Officer Goewey, inspected of having left Canton
Mississippi. with large amount of stolen money.
The arrest was made By virtue of telegram from
the chief of police of Canton. .-rft.3 !
AN Ex CAPTAIN of the United States service,
named David o. Gibbs, aged thirty-fve, and q
resident Of Algiers. was arrested for safekeeping
by Officer Miller. of the river police, at the Canal
street ferry landing, charged with having attempt
ed to drown himself in the river.
ABOUT HALF PAST ONE O'CLOCK yesterday, boy
named Adolphe Fernandez, about nine years old,
was run over BY city railroad car No. ~ Of the
Esplsnade street line, and had one Of his legs
crushed 30 badly that his recovery is doubtful
He was taken to his residence, No. ~ st. Anthony
street, and cared for. The driver, R. jackson,
had not as yet been arrested. :
n.
ports having picked mp at Brady Landing, West
Baton Rouge parish, q man named Neal Boyle,
with broken leg. He was brought down here
and sent to the Charity Hospital.
SEVENTH DISTRICT CouRr.-The State of Loui-
siana on the relation Of Andrew Hero w. A.
Pitot Jr. The act relative to notaries in and for
the parish OF Orleans, passed 18th March, 1857,
facts p. S4,) vacates the office of every notary
previously appointed, and provides that ssthe
governor shsll by and with the advice and consent
of the Senate, appoint not less than forty and not
more than sixty notaries for the parish of Orleans"
third section Of the act provides "thst In making
the appointments above provided for, o. well as
In the event Of the death, resignation or removal
of any notary In the said city, and parish Of Or.
leans, the governor shall by special order, under
the seal Of the State, designate the notary, to
whose custody shall be consigned the records of
the notaries, no dead, resigned or renewed" All
former laws to the contrary are repealed.
BY virtue of this act the governor, on the 9th
April. 1867, appointed A. Pilot, Esq, notary,
to have and TO hold said Office during the time
limited by the laws OF the State" The Senate
was not then In session. Hence to say the least,
the commission ran until the end Of the next ses-
sion Of the Legislature; and We know that the
ended on October goth. 1865. (See Constitution
Of 1894 art IS, and Constitution Of 1885, articles
81, l50, l22.) sol dalzL. ~ r1r rrr' Ifs1li
Before the defendant received his appointment.
fka oxsal u.I
trail Office of notanal records, and to appoints
custodian thereof" approved 18th March. 1867.
This act provides that "a central Office of notarisl
records shall be, and the same Is hereby estsb-
lished in the city Of New Orleans. for the purpose
of preserving the records of such notaries in the
parish Of Orleans. who officially shall have ceased
70 be such either BY death, removal or otherwise,
whose records are not noeo in the custody Of some
other notary" CD rf .-..,.-..-. ~.
underline the word no,o In the last clause a.
1t gives key to the intent and meaning of the
whole section, and indeed of the whole act. /
must judicisy notice the fact, that previous to
the passage of this law creating the custodian"
the office already existed BY military legislation.
The records Of notsries, abandoned, or In the
possession Of persons having no official character,
had been collected and confded to keeper sp.
pointed BY the commanding general. The act of
1867 was passed to create o civil offcer Of the
state, to take charge Of those records. Thus they
came into the possession Of the present custodian,
who holds his commission as civil officer of the
State under the law just quoted. 1t was the in
tention OF the Legislature. plainly expressed by
custodian to the collection and keeping of such
notarial records, ss existed at that time (2sth
March, 1860, and were not then in the custody Of
any notary. This meaning Is made still clearer BY
the third section which makes 1t the duty of the
todan TO collect and keep the records "of all no.
taries, who shall have ceased to be such," etc..
except such records as are already In the custo-
dy of other notaries." This phraseology, taken
in connection with the "now" In the last clause
Of the first section, shows that the verb "shall
have ceased" and the adverb ALREADY" refer
exclusively TO the past; the noU defines the shall
hdUe ceased, and makes the verb point backwards,
and without any possible reference to future ces-
sstions. 1t excludes all right to take and keep
custodian. The reservation Of all others then ex-
isting, they having been already given byi the
governor to notaries. specially designated by hun,
also confirms this understanding of the oct. con-
slider that the Legisature did not intend TO inter-
fere with or restrict the power vested In the gov
ernor, when making appointments under
the act of 1857, TO designate by special order the
notary to whose custody should be confided any
other notarial records than those given on 2Sth
March, 1867. This Interpretation leaves the two
acts to have their full effect, without adopting q
sense creating conflict between the two, or
necessary or implied repeal Of the former by the
latter. Suppose the governor to day, with the
advice and consent of the Senate, were to ap.
puIut unu ucbiBudto Tue oppOiute6 10
take custody Of the records in defendants posses
sion. and suppose the defendants commission to
have expired, could he refuse to deliver those re-
cords to the notary so designated Would the
reator have better right and could he claim
those records In preference! l think he could
not for the records now held by defendant do
not come under the description of those which
the relator was appointed TO take into custody.
The records held by defendant came into exist
ence after the act of 1867, and are in no wise en-
brsced in terms or intention Of that act unless we
strain those terms beyond their natural meaning,
in order to restrict the governors appointing
power. and his right Of designating the defend
ants successor, under the law of 1857, and under
the Goth, 6lst and 122d articles of the Constitu-
ton. (See also acts 1868, p. 27) When the gov
ernor appointed notary he gives actuality to one
Of the forty sixty officers created by the act Of
1857, and when the commission of any one of
these expires, q vacancy occurs. Then the act of
1868, p. a. requires that whenever such vacancy
happens, "fr0m any cause whatsoever" II shall
be filed by appointment by The governor.
Then since the passage Of the act OF 1868 rela-
tive to usurpation in Office, (see acts, page 1897
the remedy in case such as the one presented
by the issue formed by the petition and answer
herein, is not by msndamus on the sole re-
lstion of the claimant. The attorney
general is the proper officer. though he may joiu
the reIator. At any rate, the suit must be under
!" - A