The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-07-04

and it provides, upon due proof being made, said
| police courts shall condemn the offender, fol-
each offense to pay the fine imposed by this act
and, in default OF payment, to Imprisonment for
| five DAYS"
That the fine fixed by said act is twenty five
dollars for each otfense, and is made payable one
half to the city of New Orleans and one-haf to the
informer; that said Estaban Riqnelmev duly
tried, and, upon due proofs being made, reator
imposed the penalty fixed by law, twenty-five dol
lars, or Imprisonment for five days.
That said Estaban Riquemey, detiantly refused
to pay the fine, demanding imprisonment, boast
ing and declaring within the precincts and hearing
of the court that he would not submit to one or
the other; and further declaring and bOasting
that he would soon be at liberty. That said Esta
ban Riquelmey thereupon applied to the Honora-
Bile Sixth District Court for the parish Of Orleans
civil tribunal, having no criminal jurisdiction
whatever, and there beng two courts OF criminal
jurisdiction in the parish of Orleans, and by a
writ of hdJeas corpus wrongfully and illegally
issued and tried, obtaining his discharge, there
by verifying his boast. making the commitment
OF reatOr, issued under the law, nuSatOry, and
setting REALTORS authority at defiance.
Now your relator further represents That I'M
der the Constitution and laws Of the State, no
court Of civil jurisdiction issue wrlts OF habeas
corpus IN criminal matters unless 1t Is made to
appear by oath that there Is no criminal court III
the district that this district there are two
criminal courts, and that they. and they alone. have
the legal power to issue writs OF habcas corpus III
criminal matters that said Sixth District Court
illegally entertained jurisdiction in the premises
mentioned, and Illegally released the said Esta
ban Riquelmey, who stood legally and justly com
mittcd to the parish jail under mlttlmus issued
by relator.
Your re,ator further represents That, feeling
aggrieved at the action of said Sixth District
Court the same Illegal proceeding having been
often repeated and REALTORS powers utterly disre-
garded ordered and requested |. w. Patton,
Criminal Sheriff Of the parish of Orleans, and in
hat r.,P fba pa Tail MD
cutve officer of the criminal courts, to disregard
the illegal order of release granted by the honor
able the Sixth District Court, and to re-arrest
and hold in custody the said Estaban Riquelmey
until the term OF his Imprisonment was ended:
that said l. W. Patton refused to do SO, and that
the said Estaban Riquelmcy, his term Of I'M
prisonment not being ended is now at large, in
utter defiance Of law and the power of your re-
lators tribunal.
Your relator further represents That the act of
the Sixth District Court complained of is only
one OF many, and that unless a remedy IS speed
lily applied, the municipal courts in this parish
will be powerless to enforce their judgments and
DEGREES. Your relator further represents That
the refusal of l. W. Patton, Criminal Sheriff. to
re-arrest the said Estaban Rquelmey when
ordered and requested to do 80 by your rela-
tor, was without the warrant and sanction Of
law; that said l. w. Patton Criminal Sheriff.
by his said refusal in the case described, has
refused to obey valid and legal order,
emanatng from competent tribunal;
that he has illegally released and restored to
liberty person committed to his keeping before
the time fixed by his sentence had expired, all
without any legal right or authority, thereby
preventing the proper administration of justice
and hindering your relator from maintaining and
enforcing the law.
That l. w. Patton, Criminal Sheriff, is the
Sheriff and executive officer of your honorable
court, and as such bound by law to obey
it's orders and enforce its writs that
it is also his legal duty to obey the orders
offenders as may be committed to his keeping
that he has no right or authority to release such
offenders except upon the order of competent
courts that he is not the executive officer Of the
civil courts, and that he is not bound to obey
their orders except in cases in which the author
ity has been vested by law or in which they may
have express and special jurisdiction. Relator
further represents that under the law he is
entitled to writ of mandamus directed to l.
W. Patton Criminal Sheriff of the parish
of Orleans, directing him to re-arrest
the said Estaban Riquelmey and
keep him in custody until his sentence,
imposed by Hon. Z. Staes the Judge Of the
Second Municipal Court has expired, or shows
cause to the contrary, on such a day and hour at
your Honor may determine
Relator prays for all such further orders and
relief the nature Of the case, law, order and
justice, may require.
Braughn, Buck and Dinkelspiel. for relator.
[Atfidavit.]
IeTsoHauy cdne anu dPptdItu ilon =. Stdcs, |
Judge Of the Seventh Municipal Police Court,
who after being duly sworn, did depose and say
that all the facts and allegations in the foregoing
petition made and contained are true and correct
[Signed] EUGENE STAEs.
Sworn to and subscribed before me on this Sd |
day Of July, A. D. 1874.
JOHN A. FITZPATRICK, Clerk.
The judge ordered the Criminal Sheriff to re-
arrest Estaban Riquelmey and keep him in GUS
tody under the original commitment issued by |
Judge Staes, or show cause to the contrary on |
Monday, July 9TH, 1864, why he does not comply |