New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-01-21
Me,r 0rlea,,s &epabliea1'.
OFFICIAL JOURNAL Of THE UNITED STATES
official JOURNAL OF NEW ORLEANS
COURT RECORD.
WEDNESDAY, JANUARY 90, 1879.
superior District Court.

That on or abont the var 1853 an act wa
passed by the General Assembly to provId
tor leveeing, draining and retaining swami
lands in certain portions of the parishes o
Oreans and Jefferson; by this a It, board
of commissioners were authorized and EN-
powered to levy such uniform assessment!
upon the superficial or square foot OF lant
within the drainage section % district 0
each board, HIS might De necessary to de!raJ
the cost and expenses OF constructing
levees, machinery, canals anc other works
necessary for carrying Gut the provisions OF
the act: that by another act approved
March II, 1852 the right vi these boards to
levy and impose drainage tax was July
recognized, ratified and enlarged; that by
act No. 81 approved March /, 1851, 1T was
provided that the tax should be sued TOR
and collected by filing tableaus of assess
ment in courts of competent jurisdiction,
and by homoogation of these tableaus to
obtain Judgment against the pieces OF
property assessed and the owners thereof
to be enforced and collected by writ OF TERI
facias; that to more etfectually provide for
the drainage of the city act No. 80, of 1871,
authorized and empowered the Mississippi
and Mexican Cult Ship Canal Company TO
do certain works, provided for in last men
toned act, and the transfer by the drainage
boards heretofore created to the Board OF
Administrators Of the city of New Orleans all
moneys, assessments, claims, property rig hts
all the rights and privileges heretofore en-
joyed by the drainage commissioners; that
by the last act aforesaid the Board of Ad-
milistrators of the city Of New Orleans was
authorized to levy and impose an assess
menr OF two mills per superficial foot on
those parts of the drainage districts afOre-
iid and such otter property as might be
brought within the protection levees con.
templated by act No. 30-sn which no
assessments had then been made-and to
enforce the scOllection CT the drainage tax
in tho manner heretofore provided. Peti
toner shows that tabeaus for the first,
second. third and fourth drainage districts
were filed in competent courts, hOmOlOgated
and approved and judgment rendered
against pieces of property and owners
named in such tableaus, and they are now
IN condition to be collected and enforced by
wiits of 1ieri facias These writs are absO.
lutely necessary to enable the board of add
:ninistrators to pay for work done and be-
Ing done; that but small portion will be
collected and realized in the absence of
such writs, and that relat0r, Warner Van
Norden, will sustain great and irreparable
loss and injury by a failure on the part of
said board to enforce the prompt collection
OF the drainage tax and judgments afore
said through writs to be issued and placed
in the hands of the sheriff. But nOtwith-
standing the board is taking no steps to
enforce, and refuses to cause said writs to
be issued. Petitioner further shows that
about May %, 1872, the Mississippi and
Mexican Gulf Ship Company, for adequate
consideration, in due course of business,
transferred and conveyed to relatOr, War |
ner Van NOrden, all the rights, franchises |
and privileges of said company; and |
that his rights and status have been recog- |
nized and ratified by the city and |
State in its statutes and fundamental |
laws; that the writ of mandamus prayed
Tor is neces 5ary to secure the lawful rights |
OF relatOr; petitioner asks that an alterna-
tive writ of mandamus issue, directed to
the Mayor and Administrators of the city
OF New Orleans, equlring each and all, and
their attorneys anu employees. to do what
ever may be in their power to enforce the
prompt collection of the drainage tax now
due and unpaid, to cause the writs OF tieri
facias to issue within the shortest possible
delay upon all judgments rendered and
homOlogated, and to push and prosecute to
a speedy and full realization and collection,
so that said board may be in a condition to
pay in cash for the work contemplated by
the legislative acts aforesaid; also. that in
case OF a refusal to answer or comply with
this writ, peremptory writ may be issued
ordering and requiring them to do the
things mentioned u the alternative writ:
that the alternative writ be made absolute,
peremptory and final: that the several de-
PENDANTS may be condemned to pay Jointly
and severally the costs of this proceeding, |
and that relatOr may have such other orders
as may be suited to law and the nature of
the case. Alternative writs were issued as
prayed for, returnable on the twenty fifth
instant
Thomas w. BOthck petitions for judg-
ment against the Association or Society of
Temine Dereche, on four promissory notes {
amounting to 1912, with interest atfve per
cent from April |, 1871
VERDICT. t
In the case of Thomas Molloy vs. the =
Board OF Metropolitan Police, who sued for
Sl37S, with interest from judicial demand, d
for unlawful suspension, salary, etc, the ,,
jury gave verdict in favor of plaintiff in the | a
sum of Si94 4} for pay as policeman and t
SV, estimated value of goods taken from
his residence and delivered to the property g
clerk of the Metropolitan Police.
Superior Criminal Court.
Judge At0cha directed court to be further
adjourned to Monday next, he being top ill 5
to preside.
First District Court. s
NOLLE PRoSEQUI.
Assault with dangerous weapon-Williala
Powers.
PLEADED NOT GUILTY.
Larceny. assault and battery, etc-John
Johns, EiHel!ne Williams, Mary Gay, Sam
lei Ford. John Murphy, John Schiller, John 4
y elss, Dan Jordan; Schiller, Weiss and Sc
ordan remanded; Gne others discharged on | in
,ond. or
Assault with dangerous weapon, etc
Tony Mann, Thomas Courtney: discharged b,
N bond. Pr
CONTINUED. m
Larceny-Peter Davis; sentence con. a,
Inued. sa
Knowingly receiving stolen goods-EH en-
-arie eG al TO twenty seventh; discharged | "
n bond. nm
Larceny, assault and battery. etc Tony tn
lam, Amanda Dias, John Sullivan, Henry M
}. Clark; arrangement continued. co.
keeping Il disorderly brOthel-,Julia Ar
uckle, to twenty-titth instant; discharged dia
n bond. rec
Larceny, assault and battery-A Fascio. am an,
can Barbazin, II. j. Fischer, indefinitely: ito
ischarsed on bond.
vERDIcTS. Sta
Assault and battery-C. G. Hahn: guiltv
Lareeny-Fanny Hicks, Felix Green; not =
uilty; Charles Moore, guilty.
Assault with intent to kill-Lous John ST
N, Robert Williams: not guilty.
SENTENCED. ST
Larceny-Alexander Williams. ten DAYS
Parish Prison and costs; Alphonse W bite
he day and costs
Second District Court.
j. b. +. Dupeire applied for letters of
X
In the Byerly succession suit the,mOtion 4, ,
set aside the order appointing Page NJ. sell
'ker Manager oi tho BuAietin came UP for me IN,
aring and was continued tor argument to NJ
lday next, but it is TO be noted that the A
taeiut Will be sold on Thursday and this boz,
II dispose of the management of Mr. feu
ker under the judicial order in question ui