New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-08-03
COURT RECORD.
MONDAY, AUGUST 2. 1875.


1 The following petition was fled at Mon
roe and the order Issued IS prayed for:
| Crescent City Live Stock Lsading an.
I Slaughterhouse Company We. Francoi
| FrilOt; same vs.. John Laineux.
To the Honorable the judges Of the ssprem
Coult OF tae State of Louisiana:
The petition Of the Crescent City Liv,
Stock Landing and Slaughterhouse Com
pany, through, its president. Joseph Her
nandez, domiciled in New Orleans, respect
fully represents, that Francois FrilOf. in
position adressed to your honora, in which b.
represents himself as plaintiff in suit mum
bered 1868 of the docket of the Superior
District Court, on appeal to and pending il
the Supreme Court Of Louisiana, No. 5844
of the docket of that court, and in certain
Representations in said petition 1868, an
order OF writ directed to the Hon. jacob
Hawkins, Judge of said Superior District
Court Of the parish OF Orleans, prohibiting
him and Hiram r. Steele, Assistant Attor-
ney General, from prosecuting an iniunc
ton in suit No. 26,61 of said Superior BIS
trict Court, and in any manner from inter.
fering with the said Frilot pending his suit
and injunction in appeal in your honorable
was made returnable before your hOnors on
the first Monday of November, 1875, as will
fully appear by copy Of the petition and
order or writ Of prohibition hereto annexed
as exhibit A.
Petitioner further represents that said
FrilOt at the time he procured said iniunc.
ton in said suit No. 1868 of the docket of
SAID Superior District Court, and on the
issuing of tho injunction in said suit No.
70, S27 OF the same court, complained of by
him and against which he obtained tho said
writ OF prohibition, and at the time said
writ was obtained was a butcher. selling
meat. for food in the markets Of New Or
leans, and slaugAtering his animals and
preparing them for food thus sold him, and
in which business said writ, a. is verify be-
lieved, was intended solely to protect him;
that the extent OF his business aforesaid did
not exceed at any of those periods three
or four beeves per day; but petitioner
AYERS and believes the same to be
true that said Fraot has, since obtaining
the said writ of prohibition, abused the
same, and has made = combination with
other butchers, not parties to any of these
proceedings or suits. and permits them to
slaughter, or slaughters for them in his
name, and under cover of said writ, and to
the extent of from fifty to seventy-tive
animals per day, and is doing the same in
violation Of law, Of the rights of your petit
toner. and in abuse of the terms of the
said writ Of prohibition, issued as aforesaid
in his favog, and that he still continues in
he has been repeatedly warned thereof, and
will continue, all of which will more fully
appear by the affidavits hereto annexed as
exhibits B and C.
Petitioner further represents that in or
der that the rights of petitioner may be
preserved, said writ of prohibition issued
herein and returnable as aforesaid should
be expressly restricted go as to prohibit the
interference with said Frilot only to the ex-
tent Of slaughtering the animals necessary
to supply his own market stalls, as they
were at the times aforesaid, and his own
private customers, as they then were.
Wherefore petitioner peays that the writ
of prohibition issued herein in favor of said
Francois Frilot, returnable to tie Supreme
Court at New Orleans on the first Monday
of November, 1875, in suit No. 5S44, be re-
etficted and limited in it's effect to the
slaughter only of such animals as may be
necessary to supply the market stalls, the
psivate customers Of said Fril0t as they
were st the dime and times of tho issue Of
the said Injunction and said writ of prohib.
ton, and that said writ shall not be claimed
or held to extend so as to cover or protect
said Frilot in the use Of his name by other
butchers or to the slaughterihg by him for
other butchers. but shall be confined to the
slaughtering Of such animals only ~ shall
be necessary for his own sale az butcher
in the markets of New Orleans, and as they
we're at and before the time Of the issuance
of said writs of prohibition, and petitioner
further prays for all general relief.
Superior Criminal Court.
Judge Braughn has issued the following
order:
During the adjournment of tho court, and
up to the first Monday in October, 1875, in all
bailable cases sent before this court, the
amount of bail fixed by the committing
magistrate shall stand as the amount OF
bail to be furnished In this court, and the
clerk, in such cases, when the bond has not
been furnished before the committing mag
istrate, shall issue a certificate to the sheriff
Of the amount of bail fixed by thu CONF
hitting magistrate, and the sheriff, under
such certificate. shall be authorized tc take
bail,
The following circular has been for
warded to the several judges of municipal
police courts, and the two justices Of the
peace of the fifth and seventh justice courts,
who have criminal jurisdictions;
Under an order issued by the Hon. G. H.
Braughn, judge Of this court, the clerk is
directed in bailable cases to issue certif-
cate to the sheriff authorizing him to accept
bond during the ensuing vacation and until
October 4, 1875, in the amount which may
be fixed by the several police magistrates.
With reference to tho order above re-
Ferred to, and to prevent complications at
the next meeting of the court, / am in
'tructed by Judge Braughn to advise the
Judges of the municipal police courts to fix
The amount Of bail in the various cases
within the Jurisdiction of this court, as fol-
lows, to wit:
Caring concealed weapons, $3.50: assault |
Ind battery, $500; false imprisonment, $500;
grand larceny. from $500 to $500: NAL. |
easance, extOrtion or oppression in office, |
$1,000 to $500; manslaughter, $40 900; crime |
lgainst nature, $4,000; incest, SIS 900; |
hOoting, etc, with intent to murder, $4,000; |
biting, manning, cutting off an ear, ETC.,
5000; putting out eyes, $4,000; attempt to |
procure premature dlivery or abortion, $4,000;
obbery, $250O; forgery of public records, |
,onds, bills. etc. $500; forgery lin general),
,oO making spsTaynSE n1atss Rspsi
ng, $500; bringing counterfeit money into |
he State. $25O0; making dies, ETC., for I
coin, $500; burning in day
ime, $4,000; setting fire to fence. etc, by |
Deans of which any house. ETC., may be
'urned, $4,000; attempt to Get fire to house,
tc., $4,000; preparing cOmbustible materials
or the purpose Of setting fire to cotton. $4,000:
urglary. without. being armed, from
$500 to $4,000; burglary of any store, ware
Ouse OF 0uthOuse, from $2)UU to $oUOO; per-
ary, $500: rescue OF persons found guilty
capital offenses, $4,000; rescue of persons
ommitted for capital offenses, $4,000; en-
excitement of public moneys, from $4,000 to
l0, 900; ENLIGHTENMENT and breach of trust,
rom $500 to $4,000; embezzling funds Of
ny parish or city, from $500 to $4,000:
of money in banks by pres
lent, etc from $4,000 to $4,000; breaking
r cutting levees. $4,000; cutting levees in
lew Orleans, $4,000; accidents on steam
oats, $4,000; accidents on steamboats, &C.
asioned by gnnpowder, where three notices
re not exhibited, $4,000; accident on steam
oats occasioned by gunpowder, where it
caused to be nut on hoard Hith0nf |