New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-28
Foreign sIarkeEs.
@HE COURTS
Cnffed states District COnrt.


Tho following petition develops a contr,
versy over a tract of IanG adjoining I'll
National cemetery:
The petition Of James L. jackson an
| Hardin Il. Morris, OF st. Bernard saws the
entered as homesteads in the land Office th
following described tracts Of land, which a
the time of entry were part Of the publ
domain, the entry being made under tn
homestead act
The two Tracts were lot No 3, Of section
nine, township thirteen south, of rang
twelve east in the southeastern land dis
trict OF Louisiana, containing ninety fv
acres, and tho second tract was lot Nos
and of the same section and township.
jackson gained possession of his land
Norris was unable to get possession, anc
for this purpose brought suit in the STATE
court in st. Bernard parish against Veto
De BOuohel, Onezime De B0ucheI, Astasit
De Bouchel, (. A. DucrOs, L. 4. Perroux, et
ais, the persons preventing him from enter
ing on his tract
jackson also enioined William Durbridge
from interfering with his possession.
| Both suits are undecided.
| The De B0uchels and Durbridge, through
| their counsel, then entered suit in the
| United States District Court under the act
| to extend the provisions of the act emit
| tied an act tor the final adjustment Of pri-
| vate land claims in the States of Missouri,
| Florida and Louisiana, under No. % OF the
| land docket, praying that the said section
No. 9, the tract entered by petitioner,
Dornded above by the National cemetery,
and running back forty acres, be confirmed
to them, and have caused testimony to be
taken without the knowledge of peti-
TONERS.
The government of the United States has
parted with the title to said land by allow
ing petitioners to enter the same, and the
court has no Jurisdiction over said tract,
because it is private property. Should these
parties title be confirmed, it would destroy
plaintiffs rights; wherefore the dismissal
of the proceeding is sued for, and also for
recognition of petitioners as the only par
ties having any right to the tract.
In the matter of c.. A. Weed vs. j. Fl.
McKee.-On motion Of A. De b. Hughes, at
torney for L. l.. Norton, assignee of the
above entitled cause. and On suggesting to
the court: that one j. B. Hoyt, OF the city Of
New York, but now temporarily in the city of
New Orleans, mas i'll his possession, and I'M
der his control, certain property Of the
ABOVE named bankruptcy, viz: a title to a
one-halt interest in the newspaper entitled
the New Orleans Times, and that he has
held possession Of said paper for one wear
and upwards, and has taken and received
the rents, Issues and profits of said journal,
and is indebted to the estate for the same;
that the amount of profits so had and re-.
ceived by the said Hoyt, which of right DO
long to said horton, as assignee, is at least
the sum Of $l50,00O
1t is ordered that j. B. H0yt do show
cause on Saturday December 26, 1872. at
Ill a. NJ why he should not turn over to
the said Norton assignee aforesaid. said
title TO one-ha]f interest in said newspaper
upon the amount of profits received as
aforesaid, viz: SI50,000
The court viii sit in bankruptcy to dav,
and both rules Will come up for hearing,
j. Ii. Mckee VS.. G. A. Weed.-Judge
Durell, on motion Of Judge Cotton, counsel
for Mr. Mckee, having issued an order thai
J. T. HOyt appear before G. S. Kellogg,
register in bankruptcy, to be examined,
the respondent appeared last evening at sin
O'Clock, when Major J. B. New, counsel for
Mr.. Hoyt, offered a series of objections on
the part Of Mr. Hoyt, to be certified to the
Utited States District Court. Judge Du-
rell will decide upon the validity OF the 0bo
ieotionso
3The District CourPyo
The Second District Court holds session.
Iay by dayo
There is no business Of Importance trans
piringo sU6 nos essen is :hege any filing Of
suitso
Supreme gourio
5he sat!oined case was reported 81 GitYe
in the kEGdBLLCAE of last Tuesdayo We
give tho opinion in 6ullo to the effect that
Justices of the peace 10 this parish have no
Jurisdiction IN criminal matters, rendered
by Associate Justice kennard:
State OF Louisiana Go relo George w, !
Sadlor IS. y. ~. Landry ct ale on appeal by |
the city Ct Ae'S Orleans from the Sixth |
District Court.
ReIator seeks 30 qecoveo from the city of |
Rev Orleans $it35 t%, for fees aud costs |
accruinG IN sundry criminal suits, instio |
5ut6d before him while he was the First JUS |
ice Of the Peace for the parish Of Orleans. |
The juTi5dictiOnOf justices Of the peace for
5he parish Of Orleans is conferred by section |
3G4, p. fla, Rays Revised Statutes, 10 these
words:
Justices Of tie peace for the parish of Ore
cans, except as hereafter provided, shall
lave power to hear and determine all civil
'ases, when the amount in dispute does not
,xceed 500, exclusive of interest and costs
Their Jurisdiction shall be concurrent,
md shall extend over the parish of Orleans,
With the exception Of that portion which
les on the right bank Of the Mississippi
liver. They SHALL also be empowered, andit
hall be their duty, to issue marriage licen-
es when legally required, in accordance
With existing laws; to keep record of the
anne, and to celebrate marriages, of which
hey shall also keep record; and it shall
70 the duty Of the justices to deliver the
aid record to their successors N office.
We find no mention of criminal matters
Il this section, and no other law copferring
riminal jurisdiction upon justices Of the
eace In the parish of Orleans.
Relator was therefore without authority
o render the services for which he claims
Compensation, and can not recover.
Let the judgment appealed from be
v0ided and reversed at REALTORS COSTS and
1t Judgment be entered for respondent,
ismissing Re iators claim.