The weekly Iberian. (New Iberia, La.) 1894-1946, 1912-05-11

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the defendant with respect to his
bills, herrimabOve referred to, be
ing fully reserved.
This suit grew out of the differ
rnces which arose between the
roIIcr Jury Of this parish aud the
sheriff over the question Of ap
proving the bills Of The latter.
The Police Jury insisted that it
had the right to question the bills
Of the Sheriff and I" demand the
condition that, their correctness
should be certified to before the
Clerk of Court.
The Sheriff, relying upon the
spundmess of Act 20: of 1898, had
his bills approved by the District
Judge and then retained their
amount from moneys collected by
his Office for the Parish. This
course brought about the suit en-,
,itled "The Police Jury Of iberia
Parish versus Geo. Henderson,
Sheriff." which was tried before
Judge Chas A O'Nell. Judge ad
hoe. of the 10Th Judicial District
Court. The trial Judge rendered
decision on August LIST, 1911, say
ing in part:
"My ultimate conclusions, there
fore, are: that the Act No. 2O3 Of
1898 il not viOlative of the Constr
tuition, and in valid, snbsinting leg
isIatiOn; that under the provisions
of this statute, the Sheriff had
the right to retain the amounts
actually due him, upon the ap.
p'oval Of his bills by the District
Judge; that the plaintiff is emit.
tied to judgment for the exces.
sive charges amounting. to $lS3. 80,
Oh account Of the distance unne.
cessarily travelled in transpor ting
prisoners to the penitentiary, las
per Bills No. n amt ICY that the
plaintiff is also entitled to indg
ment fol the sum Of SIG 25, being
the amount OF the unapprovpd
Bills No. "a aud 25, for the arrests
made in the Parishes of st. Mary
aud st. Martin; that the Sheriff's
right should be reserved to dc
mand and retain this sum hereaft.
er in his settlements with the bar
'sh, upon the approval Of the Dis
trict Judge, if he be entitled there
to; and that there should be a
judgment of non suit against the
plaintiff for the difference Of SAB.
% te' ween the amount sued for
and the amount which the sheriff
admits he has retained. !"
JUDGMENT.
For the written reasons X
assigned. It is ordered, adjudged and
hccreed that the plaintiff, the Police
larry of the parish of Iberia, recover
o AZ d from George Henderson, Sheriff
Of the parish of Iberia, the sum of Two
Hundred and Ten Dollars and Five
Cents t2lO O5), reserving to the said
whatever right he may have
to recover of and from the plaintiff
and retain from his settlement with
the parish Of Iberia, TIE sum of Elev-
en- Dollars and Twenty five Cents ($1l.-
25) claimed by him for arresting a
prisoner in st. Mary Parish and the
sum of Five Dollars claimed by him
for arresting a prisoner in St. Martin
Parish, in September. 1909, upon
proper detailed bills and vouchers |
made in accordance with the Act 2O3
OF 1898. Section 5, Paragraph 4, and
upon approval Of the District Judge or
the P0lIde Jury.
And It is therefore further ordered,
and decreed that the plain
,iff's demand for the difference be-
tween the 81 ,2a5. 90 claimed in the petit
ton and the amount Of sc, 1872 43 which
the defendant admitted he retained,
that is. the plaintiffs demand to the
extent of Four Hundred and Forty
three Dollars and Fifty-five Cents
{ SAB 55) be and it is hereby, dismiss
ed as Of non-suit; and that all other
demands Of the plaintiff herein, ex-