Le Louisianais. [volume] (Convent, La.) 1865-1883, 1876-03-11
TO THE HONORABLE THE JUDGE
OfsTHE FOURTH JUDICIAL DIS.
TRICTCOURT Oh TlE STATE OF
LOUISIANA IN AND FOR THE
PARISH OF ST. JAMES.

LOUISIANA IN AND FOR THE
PARISH OF ST. JAMES.
The Petition of Widow Marie Celeste
R0thbone, a resident WMe City Of Ncw
Orleans.
Respectfully represents:
That Petitioner was on the first Of January last
past, 1876, holder and owner in good faith and for
valuable consideration. OF Two Hundred and TWEEN
ty-seven Bonds of One hundred dollars each. issued
by the Parish Of St james. on the first of may 1869.
under and hy virtue of Act. No 30 oftle Legislature
OF Louisiana, approved February 23ra. 1863. which
said bonds arc the remaining outstanding uHmber
of three hundred similar bonds Of the same tenor aud
amount, issued by said Parish, as above stated;
which said bonds bear interest Of eight per cent per
onntm' payable semi-annually on the LIST of MAY
aud november Of each year, for ten years from the
date Of the bonds aforesaid.
That by said act No. IS. aud in order to pay an
nnally one tenth Of me capital of said bonds and
interest as aforesaid, q special tax was levied on the
taxable property in said Parish; the rate Of which
tax was to be determined .aanually by the Police
Jury. on the yearly assessment rolls of taxable pro
perry in said parish.
That conformahly to said law, the Police Jury of
the parish aforesaid, in levying the parish tax for the
yrar last past 1876, specially appropriated the snm
OF Five Thousand Dollars, rs a separate and special
fund to be applied to the payment Of one tenth Of
'so btItU' VI nv ~. lVllS SStCb ivy Ntytln
above ut forth. to wit: the sum Of Three Thousand
dollars, aad to the payment of the semi annual int.
rest due on the same, according to the provision o,
Act No. 50, as aforesaid; .f'1
That said sum Of five thousand dollars was du,v
collected during said year last mast Lv John ksrri.-
gan Of said Palisht, who was acting State and Parish
Ias Collector for st. James Parish npto the sixth
OF August last past. and who. in his nfd'resaia capa-
city, collected ont Of said parish Taxes, for said year,
HE aggregate snm Of Twelve Thousand seven hun
drrd and Eve o.; 90 collars;
That Petitioner. MS holder Of said 227 bonds here
~ above described. was entitled to be l,al, in u. S.
CURRENCY. out Of the funds thus collected; first. the
stun of Three Thousand dollars. in part payment Of
one tenth of the capital qk the original bonds issued
as above stated, and secondly. the sum of Eighteen
hundred and sixteen dollars ior the interest Of eight
per cent per annnm due in the year 1875 on said
s27 bonds according TO law, making in the aggre-
gate Tie sum OF -Four THOUSAND Eight Hundred and
sixteen Dollars. "
Now, Petitioner shows that on demand or said suu
due TO her as above setturth, from the Treasurer of
the parish Of St. James, she received in pavment Of
lnatnred interest coupons, the sum of Eighteen hun.
drel aud sixteen dollars, and the further sun of
six hundred dollars on account Of the capital Of her
SAID bonds, mailing an,aggr+gate.of two thousand
FOUR hundred and sixteen dollars received by her,
lhHS leaving 2 balanee of tws thousand four hun.
bred dollars still due her on account Of said indeb.
teuness; to meet tile payment Of which there are
no finds in the patisll Treasury of said parish
Petitioner alleges that said ;s,im due to her MS afo.
resalp, and collected in currency as above stated has
beei1 mlsapplled or einbezz'ed in The following plo-
jcrt Of a settlement made by said John Keirisan
with Raphael Beanvas Esq. the District Attorney
pro, tenn and cx-oficio parish Attorney OF St. JANIS,
claiming to represent the Police Jury of said pa,isll.
IN s.'a '.an,ae''"n by virtue ola resolution Of said
poly passed onihe of 1876, requiring
the said Parish Attorney to obtain of said Krrrisan
a settlement of thatsxc collected by him as herein
above shown, which said proposed. settlement was
agreed upon on the 9Th. of February last past, aud
III winch said transaction the ex.Collec,or aforesaid.
proposed to settle for the sum Of Twelve thousand
seven hundred five O7lO0 dollars collected by him,
as follows:
BY Ills claim for his commission as tax
Amc"nt p,i1 by him to the School Board
ofthis Parish. 10000.
HIS claim for listing property in this par.
ISL n 1874 and s75.:.....-... el52e 5.
His claim for Blanks aud Tax Rolls fur
nisled the 900 90,
Warrants and parish Bills held by him
and dne.by St, james parish $500. 55s23a
Amt, OF United States Currency turned
ny 100000.
Equal TO the sum collected. ...... Sl27o5 u7.I
Petitioner now shows that by said proposed set
tIement, if carried into cttt ct. she would be drfraud-
ed of the sum OF two thousand four hundred dollars,
the balance due her as above se.forth; Petitioner
NAS'o' oiiSkcS tA0L SdIu plppoStu settle mem by
the ex- Collector aforesaid is illegal, fraudulent. null
aud void. and should be annu!led. set aside and
by a decree of this Honorable Court, for |
the reasons and on tue grounds following, to wit:
lo.-That the Police Jury had no authority or
power in law. to require or authorize the Parish
Attorney to settle and receipt for, the collections
made for said Parish by said John Kerrignn. said
power. and dnty belonging by law exclusively to
The Parish Treasurer who alone could give a valid
receipt in the premises.
2o-That the ss'm allowed to said John Kerrism
tor listing or assessing property. in the Parish of st
James, in the years ls74 and 1875. TO wit: the sum
Of Two thousand one hundred and fifiy-two $500
Dollars, is not a legal claim against said Parish, no
of property having been made by him
tor said Parish, whose taxes are levied OH the assess-
'nent made and paid Tor by the State; aud the Po-
nee Jury having no power in law 10 create or allow
salary or fees in the premises. especially in COM
pensation of services paid for by the State,
3o.-That the sum Of Two hundred dollars claim
"a e, BY, and allowed to said Kerngan for Blanks or
Lax ro'!s, is based upon IN ihega! and fraudulent !
'ofdi"g to law free ofcharge, by the State Auditor
4o'---Iha upwards of three-fonrths of the Taxes
by said Keirfgan have been paid him in
q; 8. Currency, he could not convert the funds thus {
collected into depreeiated' Parish warrants, represen-
ling the sum Of Five Thousand Eve hundred and
eighty-two 22I0O used in hissail proposed settle
nens and bought by him at a heavy discount.
bo.-Iha out OF said amount of Parish Bills, fur
oed over by said kerrigan, more than FIVE thousand
1o''ars in amount, show iioilegal transfer from the
original payees thereof, aud were not in consequent
'e s the nMial property Of said Kerrigau:
6s.-That said Kerrigan frandulently and felo- r.
,ious'y claimed and obtained credit for the sum Of
five 1000 dollars on account Of a bill Of costs /.
lue II Cohen Clerk Of Court, in the case entitled :
state Oils ex rel; N. Marks Dist. Atty, 4 al. VS..
3. F. Yates No $50 on the docket Of this Honora-
10 Court which costs were due by said Kerrigan
himself nnder the decision of said cause rendered by
be, Supreme Court Of the State; in which suitthe
'arish Of 81. James was not even even a party.
7e-Tha. on the very day Of his proposed settle
an bought and paid with, U. s. Currency collected
Or and belonging to this Parish according to law,
Pierre Schepp,, Of this Parish, for more than
ne Thousand dollars Of Said bills, and from Dr.. I.
I Lambremons three husdred and forty dollars, At 4
5 90 discount Of theis faces; and on tho same day
I'D with money ct the same currency, seven hun
this parish at 10 90 discount; which parish bills
ided 10 an amount Of Seven hundred and seventy-B
< $500 dollars, previonsly purchased by him from q.
0phael BeAUv0iS. Parish Attorney. and another snm