New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-06-14

to account, and that the said estate an
{ succession, through the said Daniel Hypt
: lite, do accordingly account to the said con
plainant for the actual value of the sal
slaves at the time they were purchased b
and came into the hands and possession q
the said F. d. >Delacroix, as aforesaid. i
u October and December, 1918, as aforesaid
with interest thereon from those time
respectively to the time of taking the &C
count hereinafter mentioned, at the rate O
five per cent per annum, in lieu of and a
. an equitable equivalent for the said slaves
fleir increase earnings and nrofits a. fore
said. =
And it is further ordered, adiudged ant
! decreed. that it be referred to John Wei
Ter, Esq, as special master of this court
to take and state the account of said slaves
and OF the said interest thereon, and tina
he report thereon to this court with all con
venient speed.
The court doth further order, adjudge and
decree that the complainant Myra Clarl
Gaines, have execution against the defend
ant. +. ID. Delacroix, and his executor, by
bill of revivor the said d. HI. d. Delacroix
for the costs incurred in this cause in both
courts; and this court doth further order
adjudge and decree that the complainant
Myra Clark Gaines, have leave to apply for
such further order, direction and decree as
may be now or hereafter necessary in the
premises.
Myra Clark Gaines VS.. the City of New
9, Orleans ct al.-This cause came on to be
further heard upon the exceptions to the
masters report on the rents and profits.
chargeable to Ernest HI. Lemeyre. one of
the defendants in the above entitled and
numbered cause, said report of the master
having been made under and by virtue of
the decree entered against the said Ernest
ii. Lemeyre IN the cause, on the - day of
June, 1870; and the case was argued by
counsel, and thereupon in consideration
| thereof Dol.
1t is ordered, adjudged and decreed that
the said masters report, 80 far as it as
certains the amount Of the net rents, profits
and revenues, with which the said Ernest
H. Lameeyre is chargeable, with interest
thereon, be confirmed, and that said Ernest
IL. Lameyre is chargeable, in favor of the
said compliments, with the sum of seventy
five thousand one Hundred and ifty-seve en-
dollars and forty cents, with five per cent
per annum interest on forty thousand four
hundred and seventy-three dollars and
thirty three cents, from the thirty-frst of
March, 1871, until paid. .....
And it is further ordered, adiudged and
decreed that on the payment by said de-
PENDANT of the masters costs incurred in
this behalf, the said defendant have again
to go before the said master and make
written claim for the value of the improve
ments made by him, with statement, in
writing, of the fact on which he bases his
claim, showing when the improvements
were erected and by whom; and should the
defendant fail to make said written claim
and verified statement of costs within thirty
days from the date of this order, submitting
the case again to the master, he shall be
considered as having abandoned all claim
for improvements, and o writ of execution
shall issue In the form used in circuit courts
in suits at common law in action of assump-
sit, for the amount herein decreed, in favor
of said complainant and against said de-
PENDANT, with interest as aforesaid, and
costs. ~. ID. ..-r-
But if said defendant shall make his
claim for improvements as before men,
toned then it shall be the duty of The mas
ter, and he is hereby ordered and directed
to ascertain and state the value of such i'm
provements estimated at the first cost of the
same, the time when, and the person or
persons by whom the same were made, and
whether defendant is entitled by the cree
ton thereof, or by purchase, or other acaui- |
sition to the benefit of the same; and the |
master is hereby directed to make his re- |
port herein with all convenient speed.
1t is further ordered and decreed that |
within thirty days after the filing of the |
masters report in the premises the said |
complainant by herself her solicitor, or |
agent, shall elect, by a writing to be filed |
with the clerk of this court, whether she
will or will not take said improvements at |
the value thereof, as reported by the mas
ter. If she declines to take the same. then
it is ordered that the said defendant have
leave and be required to remove the same
from the said premises within reasonable
time, to be fixed by the master in his re-
port; and the complainant shall have exc
cution as aforesaid for the amount decreed
to her as hereinbefore; mentioned, with in
terest and costs.
But if complainant elect to take the said
improvements at their said value, or shall
fail to file her election within said thirty
days (which shall be deemed equivalent to
an election to take the same), then she shall
pay for the same, together with the cost of
said inquiry before the master, by deduct
ing the amount thereof from the said sum-
interest and costs, decreed to her as before
mentioned, or, if more than said decree, by
paying the balance to the defendant in
cash; and either party in whose favor the
said balance may be shall be entitled to an
execution as aforesaid for the collection
thereof, which execution the clerk of this
court is hereby authorized to issue.
The case of Britton & Kountz VS.. the
Police Jury of Tensas parish came up for
trial by jury before Judge Durell. This is
a suit for the value of coupons attached to
certain bonds issued previous to the war.
The case will be continued to-day.
Judge Bradley, on application of coun-
sci, granted writ of error in the case of
Solomon d Simpson vs. the State, as as
signees of the claim of j. o. Nixon. The
writ was applied for on the ground that the
ruling of the Supreme Court of this State
was i'll violation of the constitution of the
United States, inasmuch as it violated the
obligation of contracts.
The case of Henry X. jackson VS.. the
ia gsh - hray
company came up before Judge Woods and ,
)leadIngs commenced. The trial continues
o-day.
Commissioner WeIler's Court.
James McBrOon. first mate of the steamer {
Jity of Alton, was arrested on a charge of |
triking and beating Ben Quigges, one i
# the crew. The accused gave bond to an
wer before the United States Circuit Court. [
A cigar manufacturer named Benton, was t
rrested upon a charge made by Inspector {
hutchinson of the Internal Revenue De-
'artment, of keeping for sale cigars not
properly stamped according to law He
ave bonds to answer the charge. |
The warehouse clerk, John McKenna, who ]
made such cOwardly and brutal assault on |
William Decker, an ex-soldier, crippled in
he United States service, has been unable | 7
o get bail and remains in prison. He S
licked Decker savagely on his wounded | s
eg, and when he fell fainting, kicked him i
n the head The assault was utterly I'M {
provoked | i
sixth District Another Judgment
Against the City-A Indy Damaged by |
Coal Oil Explosion Claims $4,000. &
In the case of Q. A. Thomas, plaintiff, {
claiming $23 O93 d on a certain contract tO | c