New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-27
THE COURTS.
Eighth District Court.

holder of certain certificates of indebtedness
of the city of New Orleans, constituting
part of the g floating debt of New Orleans
amounting to $93,7 50, and bearing seven
per cent interest >,
He AYERS that said certificates were issued
by the Bank of New Orleans, Administrator
Of the Floating Debt of New Orleans, p'r-
suant to law; that he has made demand upon
the bank for the payment OF the certlhcates,
and for the exchange of the same tor funds
of the city of New Orleans, at twenty-five
per cent less than their face, sad bonds
being issued by the city OF New orleans
and delivered to the bank for the payment
of the floating debt OF the city tna5 Is, $40 ior
as provided by act of the Legislature No. I,
approved March l6, 1870.
Petitioner AYERS that the Bank OF New
Orleans, having said bonds in its possession
and under its control, for the purposes
aforesaid. refuses to pay the amount due,
and refuses to exchange and pay them OUT
at the rate fixed by law, to wit: at twenty
five per cent less than the face thereof.
Petitioner AYERS that he has offered TO ac-
cept said bonds at that rate.
lie alleges that under the law OF the
Legislature above mentioned, 1t Is the duty
of the bank to pay the certificates, either IN
cash or by exchange, as stated, and that ne
has no other adequate remedy except by
writ of mandamus; that he sustains griev-
Gus injury and denial of justice by the re-
fusal of the bank as stated.
Wherefore he prays that writ OF man
damus issue directing the Bank OF New
Orleans. as administrator of the floating
debt. either to make payment of the certiti-
Gates in cash or to give in exchange the
bonds of the city of New Orleans, at the
RATE of seyenty-ivc cents on the dollar.
as is provided by the fOrty-tirst section OF
the act of the Legislature above referred to.
On the above showing Judge Emmerson
issued an alternative mandamus directing
the bank to comply with the demand or
show cause to the contrary on Wednesday,
the thirty first Of August, at ten o'clock In
the morning.
Antonio de MonesteriO VS.. Alfred Shaw,
Administrator of AccOunts-Praylng TOR a
writ of mandamus.-Petitioner AYERS that
he is holder of seven warrants tor the pay
ment of money, issued by w. H. Seymour,
President of the Police Jury of the parish
of Orleans, for the right bank of the Mis-
sissippi river, upon the President of said
Police Jury, which are unpaid; SAID war
rants amount in the aggregate to $3.50, and
were, on the sixteenth OF March, lS'o, ma
tured obligations of the city of New Or
leans, having been issued prior to the
annexation to the city of that portion OF
the parish of Jefferson over which SAID
Police Jury then had control. Petitioner
alleges that it is the duty OF the Admins
traitor of Accounts of the city, under the
fortieth section of the act of annexation, to
prepare and furnish to the Administrator OF
the Floating Debt of the city OF New Or
leans, a full and correct statement OF all
matured obligations of this city, existing at
the date of the passage of the act OF an
neyation, in the shape of warrants OF said
iury and other evidences of debt, as defined
by said act, and that it is the duty OF said
administrator to attest SAID statement
under oath. That the act makes it the
duty Of the Mayor and of the Administrator
of Finance of the city, to approve SAID
statement as prescribed by the act.
Petitioner represents that he has pre-
sented said warrants to the Administrator
of Accounts and has demanded the per-
formance of the duties imposed upon the
Mayor of the city and the Administrators
of Accounts and Of Finance, with regard to
the preparation, furnishing, attesting and
approving of said statement and the issuing
Of said certificates, and his demand has been
refused.
He AYERS that he has no relief, by ordina-
~ means. for redressing the wrongs he sus-
tans by reason of the refusal aforesaid, and
that he will experience denial OF justice
unless writ of mandamus issues in the
premises
A mandamas was asked for, directing the
Mayor. the Administrators OF Accounts and
of Finance, TO prepare and include in the
statement Of matured obligations of the city
of New Orleans, existing on the sixteenth
of March, 1870, the date of the passage OF
the act enlarging the limits of the city, the
sum of S293O % due to petitioner as the
holder of said warrants: to attest the
said warrants and to furnish the same, SO
attested and approved by the Mayor and
Administrators of Accounts and of Finance,
to the Administrator of the Floating Debt.
as required by law, and that defendants be
ordered to approve said statement.
Judge EmmersOn issued the mandam,ls
directing defendants to comply with the pc
titioners' demand, or show cause to the con
trarv on Wednesday, the thirty-tirst of Au
gust.
Fourth District Court.
In this court. the Loan and Pledge Asso
citation, through its attorney, II. M. Dibble
has filed petition, in which it is set forth
that George w. Carter is indebted to the
associa ton in the sum of $3.50, with interest
from the first of November, 1869, and the
costs of this suit. The Loan and Pledge AS
socation is the holder and owner of a prom
issorv note for the sum of $780, dated Octo-
Der H. 1869. payable fifteen days after date,
signed by the said George w. Carter, and
made payable to his own order, and by him
indOrsed. The note has not been paid, not
withstanding amicable demand. Hence
suit is instituted.
William McDuff, through his attorneys,
Whitaker & Rice, has obtained from the
clerk of the Fourth District Court writ of
attachment against Samuel Ill. Houston and
Patrick keenan,. In the petition it is stated
that on the seventeenth of June, 1869,
A!on,,H an,>niptnl ix-( vVor
moth one of the Inspectors of Hay for the
city and port of New Orleans, and continued
to fulfill the duties of said office till the nine
teenth of August 1870. Petitioner shows
that he was appointed to said Office under
the act approved March 2S. 1867, entitled
!An act to establish the Office of Inspector
of Hay for the city and port ofNew Orleans,
and to regulate the duties pertaining to the
same" and that Samuel ii. Houston and
Patrick Keenan, have, since said seventeenth
of June. 1869, held said office with peti-
toner.
Petitioner shows that under the said ap-
pomtmcnts of himself and his co-inspectors,
there have been large earnings amounting,
since the said seventeenth June, 1869, to at
least twelve thousand dollars. all of which,
with the exception of a tritiing amount
drawn by him, were the receipts OF sad
Board OF inspectors, and have been and re-
main in the hands Of said coinspectOrs,
Houston and Keenan,; that after the debts
and expenses of said board shall have been
all paid there is and will be a balance due
to petitioner Of at least two thousand
dollars.
Petitioner alleges that the said Houston
has pretended to have control of the affairs
of said board, and refuses to settle the af-
fairs thereof, or to pay petitioner the
amout due to him from said earnings. not
withstanding amicabie demand.
Petitioner shows that there is now depos-
tied in the the Germania National Bank
in this city q considerable fund belonging
to said Board of Hay Inspectors, the same