The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1882-06-17
MONROE. La. JUNE II. 1852.
corr DECISIONS.
u1rr Jiru.sr1cs 8nR,ruDEz.

lie .corporanou, assessing corporate
properly, insoseparate new ;conannnni'
!. t,ssg sssh. he,ssqQ1pEeI titlsd to hold IN
~, aliplvusseal1y, the, pselic property which
faiie within It's limits. The rute h diff
1erent whena now corporation Is Great
Cd and the old one from which It is
taken ssusalns unchanged, preserving
ias origtsal name.
Property donated to q Parish In fee
simple fol-. It's use and benefit, and upon
vhich4a court house was built and used
cannot be Legally sold under a,9Folice
Jury ordinance, although the parish
seat being changed thu building Mas
abandoned and Threatened goisg toruin.
Such sale having been made without
legislative authority Ia nullity and 80
conveyed no title, In such q case, the
defsndants are entitled, to re-imbarse-
nasnt OF the purchase price rs q con-
dition precedent to recovery, of posses
sion Of the land by the plaintiff boa.
Judgment amended by Requiring
such previous payment and rs thus
amended adirmed. -
A. Well ". ZodIae.-Where the par
ties claim to have leased certain pre-
mIses rom diAsrent agents of the
ownsr for the same period Of time, 1t is
incumhsnt on, the one who pretends to
hold the lease hFst made to prove that
the Agept, whom he dealt with, had
authority to lease for the term that he
did Lease !; that the lease was duly re-
corded, possibly. even II the other party
had knowledge Of the lease, aud acted
fraudulently with the owner or his re.
preventative. The plaintiff herein ha-
wing failed In this respect, and tile de-
fendaut having shown a valid written
lease, the judgment Of the lower court
In his favor 10 afhrmed. So &.
State, ex. rel. Boyd vs.. A. Green,
clsrk.-The clerk of district court has
NO power, In the absence Of the judge,
to make decree accepting the cession
Of an insolvent debtor for the benefit Of
his creditors, and staying proceedings
against his person and property. y It is
powers judicial act, equivalent to a
jadgment-which. can be exercised by
the judge only. The Constitution did
not authorize the legislature to confer
on such clerks the power of rendering
Judgments, and the legislature has not
done so. Prohibition Issued and made
perpetual.
A. w. Forbes VS.. NJ. J. Layton and
husband.-Where a sale is made on
credit to married woman, of real es-
tate for price exceeding by $1,000 the
value of the property, and it is not
shown that she administered her sepa-
rate estate and had means to invest,
ample enough to enable her to make
the purchase with q reasonable prospect
ofpaying the price, the purchase must
be considered speculation, and made
for the benefit OF the community, and
the pecuuiary liability for the debt can
not be fastened upon her. Where, In
such case, the payment of the pur-
chased price was secured by mortgage
on property Of a like value, owned by
the wife, the mortgage is a nullity, be-
cause given In contravention of a pro-
htbitory law, to secure debt for which
the husband or the community Ia res
ponsible. Judgment affirmed.
ASSOCIATE JUSTICE pocHE.
State vs. Miles Taylor.-The Stat,
has the constitutional right to appea
In criminal cases where the indictmen
has been quashed before trial or hell
bad upon q demurrer, and when
purports to charge an ofense punish
able with death or imprisonment q
hard labor. In such cases the State
not required to furnish an appeal bond
rs she cannot be condemned to pa,
costs.
A judgment quashingg an indictmen
on the ground ofths unconstituttonalit.
Of the statute under which the charg'
IL brought when the accused has no,
been tried as to his guilt or innocence
under the charge, will not be bar to 9
subsequent prosecution OF the accused
under the same charge. Act No. 8 o.
the extra sesslon of 1870, entitled an
act relative to crimes and otfeuses,i is
mt u.nronotitntfonu1