The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1883-07-28

poration formed By notalial act before &.
n. Sims, Notary Public, on the 18th Febru-
airy, 1885, under section GIT of the Revised
Statutes of 1870, who, unlawfully combining
and fraudulently confederating to usurp
the franchises of petitioners and possess
themselves of the church property and rev.
enues, under pretense of authority derived
from said notarial act to administer the
temporal affairs of the defunct corporation
Of the Congregation of the Roman Catholic
Church of Ascension-which expired Oh the
LIST March, 1881-wrongfully and without
warrant Of law took possession of said
premises and property and still retain it.
| That they have availed themselves of their
usurped possession to sell the lease OF the
church pews, which bring an average of
$1,000 year, for less than $1,000, applying
| the proceeds to uses for which they were
not designed; to order the curate to vacate;
to close the doors of the parish church
against petitioners and many other Catho-
lies; to lock and bolt the gates of the enclo-
sures within which the church, presbytery.
graveyard, ETC., are located, and to commit
other acts of trespass, depriving the Catho-
lies Of Ascension Of the spiritual and intel
lectual enjoyment of the comforts and con-
solutions of their religion. That by reason
of the illegal acts Of said pretended war
dens, done in spite Of the disapproval and
protest of large majority of the Catholics
of this parish, petitioners and their CO.
owners have been damaged in the sum of
| $500, for which, under article 1884 of tbs
Civil Code, they are entitled to judgment
| against defendants. That the property il
| legally taken possession of was never the
| property of the defunct corporation, The
| Congregation of the Roman Catholic
| Church of Ascension" not having been &C
quired by said corporation with their cor
| porate funds or under their conferred rights
and powers, but was, long prior to the first
| act of incorporation, the property of the
Catholic inhabitants of Ascension, and re-
verted to them when the corporation named
expired by limitation i'll 1881. That the sub
scribers to tho charter or notarial act passed
before Mr.. Sims have no legal or corporate
existence in SO far az they claim to be the
legal successors of the defunct corporation
and vested with its rights, and the said act
is an absolute nullity, l. Because it is in
violation of the law of March IA, 1855, I'M
der which it claims to exist which provides
only for the organization of corporations
e., Fo oh
table purposes, and the new corporation is
not organized for any of these purposes; 2.
Because it does not specify the officer on
whom citation may be served, as required
by law; 3. Because it does not provide the
manner in which new members may be ad-
mtted; 4. Because it is close corporation,
only members thereof being allowed to vote
for church wardens, and only corporators
and their associates are entitled to enjoy
the benefits and rights claimed to exist ex-
cusively in them: 5. Because it seeks to re-
vive the charter Of corporation that has
ceased to exist. That, even admitting the
act of incorporation to be valid, it Is not
binding on those who do not sign it Or re-
fuse to associate themselves with the sub
scribers, and the latter are utterly without
right to take possession of the church prop
erty to the exclusion of petitioners and the
other part owners, and to claim the exclu-
sive right to manage and control said prop
erty and its revenues.
Petitioners deny that the individuals
tbo .,a@ hor
ing some eighty subscribers-and those
favoring the Same and who agreed to be-
come charter Notwithstanding about
two hundred worcestershire majority
of the Catholics Of Ascension, and even if
they did, majority in number or interest
of joint owners have no right judicialIy to
compel the other part owners to an acqui-
escence in their plans for the management
of the property held in common.
Premises considered, petitioners pray for
a writ Of Injunction restraining and pro-
hibiting defendants from administering
the church property and from interfering
with plaintiffs and the other Catholics of
Ascension in their peaceable possession and
enjoyment Of the church and other prop
erty and tho right Of visiting it at ell rea-
sonable times. Judgment of $500 damages
against defendants is asked for.
An order of injunction was granted by
the Clerk and Recorder fixing the bond at
$4,000. Bond was filed Monday and writs of
injunction were issued and soved at once.
The evident object and effect of this suit |
are to place the church wardens in the same
position their injunction has put the Bishop |
and his agent, the parish curate. Thus both |
parties will, we presume, stand with tied |
and folded hands until the courts announce |
n decision Of the vexatious controversy and |
determine the legal right Of one side Or tho |
other to manage and control the church |
property and its revenues.
BASE BALI. NOTES.-THE Brands and No
lens viii! play on the grounds of the latter
club tomorrow afternoon. The Brauds |
are said to have secured the services of
several new players aud expect to give the
town boys lively deal.
There is talk Of the Brand club making
an excursion to Alexandria at an early day
to play q Rapides nine.
The Henry McCalls of Ascension expect
to visit Plaquemine on the 10th of August
TO meet the Viguets.
The Viguets and Red Stars will play OF
Dosite Plaquemine tomorrow afternoon.
ANOTHER FLoATER.-The corpse of an IN
1nnun eoInrad 1nnn nl,ont %