New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-10-31
COURF RkCORD.
SATURDAY. ocroBER 80, 1875.
Superior Criminal Csurt.

judgment. that the Jurisdiction of this
court is limited, and that the verdict can
only be considered in the First District
Court, which alone has cognizanoe of that
offense. Overruled.
STATE vs. Louis J Leche.-Manslsught er
Shooting Joseph w. Miller near No. 1872
Spain street, April q, 1875. Verdict of no
Watson Smith, e. M. Fremont.
warren County, Michael Hagelberger,
Louis Turreaud, Aug. Pierre,
Delphine vinette, Edward Siguel,
Francois Meteye. Frederick FOlger,
g. w. Church, Jr., John Mitchell.
26, of assault and battery upon Officer F.
j; Byrnes, June 10. Ten dollars fine or
thirty days.
Colby D. Knapp prsys to be emancipated
Succession of Louis Florval Gsneres
opened.
Tutorship OF Kate and William Marsh
opened.
Fourth District Cssrt.
Judge Lynch will try rules and excep-
tions during the coming term from 1880
A. M. to IL N. daily.
Fifth District Csura.
Adjourned in respect to the memory of
Gaspard James, Esq.
Fudge Culloaa rendered the following de-
oision:
Joseph BilgeTy, ex parte, praying to be
put N possession of certain real estate, etc.
On the fifth day Of October, 1875, B. +.
Joubert, State tax collector for the Second
District city of New Orleans, sold several
pieces of property for taxes, which were
adjudicated to the petitioner for the taxes,
etc., dae by the owners thereof. A p7ovi-
sional title was given him by the collector
to each and every one of them, in accord
ance with the fourth section OF act No. AZ
of the legislative acts Of 1873. He now asks
this court, in an ex parte proceeding. to
place him in full possession of them; to
order the former owners to recognize him
as the owner thereof, and to account to him
for all rents due and to become due | do
not oOnstFue the laws on the subject as au-
thOrizing these proceedings at this time.
The fourth section of act No. AZ, page
100 of the acts of 1873. declares, "That the
tax collectors shall be and they are hereby
authorized to give title, in the name of
the State Of Louisiana, to all persons pur-
chasing property sold in pursuance of this
act, and such title shall be held in and re-
cognized by all courts in this State as valid
in law, for which title the tax collector
shall be allowed fee of 81. Upon the.
presentation of title go given to the dis
duty OF ths Judge to order the sheriff to
put such persons in possession of the prop
erty 60 purchased by him."
The sixth section of the same act pro-
vides, THAT all property thus sold shall be
redeemable BY the owners thereof, or their
legally authorized agents. within six months
from the date of sale, upon payment to the
party purchasing at the tax collectors sale
OF the amount o. the purchase money, with
fifty per cent additional, and all costs; after
which time. if not redeemed, the party so
purchasing may present the tax collectors
title of said sale to the Auditor of Public
Accounts as evidence of such tax collectors
sale, and demand title to such property,
and the Auditor of Public Accounts
shall thereupon issue deed of sale,
with complete and full title in the
name of the State of Louisiana to the pur.
chaser, under his seal of Office, which deed
shall vest the title completely and fully in
the said purchaser or his heirs, for which
service the Auditor shall be entitled to a
feee of 81" 1t is evident from the phrase
ology of this section that the Legislature
did not intend that the full and complete
title to the property sold under the fourth
section of the act should pass to the pur-
chaser; his title, thus given, is only in
chOate. II such were its meaning, then it
did useless thing in making any other
provision as to the title. But the act No.
lOo of the acts of 1874, section two, page 155,
declares: That any person whose property
may hereafter be sold by any tax collector
for delinquent taxes, as provided in section
one of this act, shall have the right at any
time, within six months of the day of record
ing said act of sale, to redeem the same by
paying to the purchaser the full amount of
the purchase price, including taxes, penal
ties, and all COSTS with fifty per cent addi-
tional on said amount 1t would appear
that the purchaser in such cases is favored
enough by being authorized to receive fifty
paDt the a mid Inv hir tbou -
demanding full possession of the property
and the "rents due and to become due for
its use" during the six months.
The law is certainly harsh enough in re-
quiring the payment of such penalty with
out adding to it the dispOssession of it
during the six months allowed the unf0r-
tunate owner to redeem it, The disposses.
sion, in the time allowed for redemption,
would no doubt prove the very surest
means OF preventing the owner from being
able to redeem it, am satisfied the spirit
as well as the letter of the law on the sub.
iect alike contemplate the leaving of the
owner in possession of his property during
the entire six months allowed him for its
redemption.
The third section of act No. los of 1877
can admit of no other rational interpreta
ton. 1t declares that at the expiration OF
six months from the day of recording said
act of sale 1.-THE day OF the provisional titles
herein set up), if the property sold shall
not have been redeemed, as above pro-
vided, the Auditor shall upon
the presentation to him of the pro.
visional title), issue deed of sale,
with full and complete title, in the name
of the State of louisiana" If the pro.
visional title is sufficient to vest the property
in the purchaser, why the Auditors titlel
And, if not, why should he be permitted,
without complete title, to take full pos.
SESSION of it, The section says, further, that
the Auditors title ''shall be held in and
recognized by the courts of this State as
valid in law, and for the reason Just given,
that the owner has had six months within
which to redeem, until the expiration of
which time the Auditor could give no title.
The presentation of the Auditors title to
any judge of the district or parish court, in
open court, or at chambers, obliges the
judge to order the sheriff to put the pur-
chaser in possession. This expression of
the legislative will was made more than
one year subsequent to the date Of the act
No. AZ, of the fourteenth of March, A. d.
1873, and if there be any Inconsistencies in
the two acts, the act No. los, of the twenty
eighth of March, 1875, must govern.
Again, act No. of the eighth May, A. d.
1875, section three, declares, THAT upon
the payment Of the principal or the
amount of the tax itself on or before
the first day of November, 1875, all interes t
and penalties thereon shall be RENTED on
all taxes throughout the State" Section
four repeats all laws and parts of laws con-
trary to or inconsistent with the provisions
of this act, and provides that it shall take
effect from and after its passage. See page
log.
In the GALES set up by the petitioner in
this case, no penalties of any description
whatever have been exacted by the collec-
tar he hoy irfr &c 10. o., \