1752

Emanci pa t i on of Lesueur de Lafr eni er e. Also pet i t i onfor f ami ly meeti ng 9-2

Fusel i er de la Cl a i r e , vs El lec known as Colmart 9- 2

Ja c . Na s s i cot,Baker vs Sr . Fauche Capt.. La Pal l as" Re : cons ignment of flourdamaged condition.

Sessi ons of the Super i or Counci l

of the vesselrece i ved in a

9-22

9-2

) )

C-"-;,.J •

Succes s i on of de La Boullaye bet ween Cl aude J.V.Dubreui l, a ct i ng fo r hi s 'vife Jeanne La Boul1aye , andGui llaume Loquet de La Pommeraye,acting for his \vifeJeanne Trudeau , \vidow of de La Boullaye,mothe r of DameVi l l a r s . . . 9-6

Lett er to Sr . Rondes signed Urania. A fami l y l et t er9-8

Succes si on of Sr . Faz ende , former Judge of the S. C 9-29-9

Mar r i age Cont r aot. Jean Barth & Elizabeth Toma1in ,widow of Louis Lavigne ( or Lavergne) 9- 18

Act of Sale . Je an Jos. D. de Ponta1ba,Capt. of Infant r;commandi ng f or the King at the Post of Pointe Coupee ,and Dame Mar guer ite Broutin,his wife , sell & transferto Pierre Francois Roussillon , a plantation 2 1/ 2mi les above t he city.. . 10-4

Certificate on request of Ambroise Heydel & GaspardTau1se , t he undersigned Darensbourg certifies thatboth above named r esided at L'Ause aux Outardes ,unti lthe invas i on of the Tchactas . . . 10-4

Deor es i n separation of properties. Marie CatherineVinconneau,wife of J.B. Baudreau,vs J.B. Baudreau 10- 7

Executive Session of the Superior Council 10- 7

I1752

Sr . Chauvin de 180 Freniere, knOVn1 as Le Sueur, aminor, des i r i ng to sell a tract of l and 4 arpent sfront by t he usual depth 7 1/2 miles ab ove the c i tyon the l eft bank of t he river at the Tchoupitoulascypress l and.. . 10- 7

Bol t of sail cloth wa s stolen on Nov 22, 175l , fromt he vessel " Elizabeth" from Martinique,anchored inthis city,by a mulatto named Joseph in complici t ywith a negro from the Je sui t s. This is a petitionfor r ecovery of cloth or 232 l i vre s value of cl ot h10-6

Letter t o Chantalou,At torney f or Vacant Estates inLa. f r om Testar in Bordeaux 10- 28

Jean Ducoudr ay, soldi er of t he Marines, in gar r i sonat Ka scaskia, having been court martialed f or burglaryhis case vms referred to the S.C of the Provi nce ofLa. .. 10-22

Sr . DUbr eui l , Capt. of Mi litia vs De Coue. On the set t­l ement of acct s by arbitration between Dubreui l andDe Coue ,the arb i t ers , Brout i n , engi neer & Guedondecided the bal ance i n favor of Coue 10-30

Criminal case of Jean Ducoutr ay,accused of burgl ary10- 31 11-2,3 10

Jos. Gerardy, Coloni st at Bayou St .John,vs Chas.Tarascon,married to Marie Loui se Gorardy,widow ofLanglois . Petit i on for executory performance 11-6

Gir ardeau vs Dur and . Petition f or recovery 11- 27

By notarial act , at 1lartinique, Jac. 1lal vezin,ownerof the vessel "I' Elizabeth" &: Clement Roudes , a col­oni st in La. entered into a partnership for theexportation of Louis iana products t o Martinique. 11- 1

Succession of Ignace Trepagnier 11- 11

/1752

xRnlrnn. ; J , rxxbla<

Succes s i on of Sr . Rivarde. Petition for f amily meet-ing 11- 11

Execut i ve Ses s i on of the Superi or Counci l( interesting mater i al)

Succe s s i on of Sr . Gerbe

11-11

11-13

Letter \vritten at La Rochelle signed Rasteau,Sr & Jr.,to Sr. Chantalou at N. O 11-1

Succes s i on of Pierre Le Roy , known as Fer rand .Pet i t ionfor a ccount ing & partition 11-29

\ )Capt .Me l ineauCont r act12- 10

vs Daunois . Petit ion f or execution of11-29

Letter of Testar in La Rochelle, t o Chantal oup inN. O. 11-30

Succession of Noel Pellang 12-2

Sr Cout urier , surgeon af t er mortgaging on Nov.3, ahouse & lot to Destrehan for 4889 l ivres 8 sols 7 dr.tried to sell said pr operty . J.B.Gari c,in the nameof Destrehan,before Sheriff Lenor.nand declares &enter s prot est against sai d sale.. . 12-23

Succes sion of Jeanne Trenant,wife of Loui spe t i t i on for accounting

Brazier12- 28

YEAR 1752

D 52/127

S:EP TEMIlER 2

:J

\\\

RE: ESTATE OF MR. LESUEUR DE LAFRENIERE,EMANCIPATED. PETITION FOR FAMILY MEET lID.

Mr. Lesueur de Lafreniere, jUdicially emancipated,herein authorized by his guardian, Mr . LeBretton,through undersigned Attorney, represents t hat, inadditi on to _tIEland which he recei ved as hisshare of his fa ther's succession, he also inherit­ed four ecres are only a burden and an expense tohim aoo that he was able to sell them to an advan­tage to himself but the .purchaser refuses to make

" paYlOO nt alleging tlBt petitioner can not furnishhim proper title. Wherefore, petitioner prays fororder decreeing that a Family meeting be held forthe purpos e of d.el1berating on t IE matter of saidsale. Petitioner also prays that a Judge be ap­point ed to pres ide at sa id 100 eti ng and that theconclusions reached at said neeting shell be ·dul yreported.

(Signed) Garic, Attorney.

LeBretton.

September 2,1752.ORDER

Petition ibr family maeting granted. Said meeting isto be helJd befere Mr. Raguet, Judge, before theAttorney General.Given at the Council Chamber at New Orleans.

(Sgd) Michel.Not printed in Louisiana Historical Quarterly.

F.1 110

YEAR 1752

D 52/128

SIEUR roSEL IER DE LA CLAIREVERSUS

SR ELLEC KNOWN AS COLMART.

DECREE

SEPTEMBER 2nd

o

Cons idering the peti tion of Sieur Fuselier dela Claire to recover from one Colmart the sumof 468 livres 3 sols 7 deni ers, the Councilorders a decree by default against defendant,said Colmart to be re-summoned t o appear at the

. next session of the Council.

By the Council.Chantalou.

Received five livres.

SUMMONS

Pursuant to the foregoing order issued on petitionof Sieur Fuselier de la Claire sheriff LeNormandissues and delivers to Sieur Colmart copy of theaforesaid decree and summon to appear at the nextsession of the Council to answer said petitionand to hear the final decree in the case.

LeNormand.57/10

D 52/129

YEAR 1752

SUCCESS ION OF ETIENNE LANGLOIS AND. DAJ\E GERVAIS.

SEPTEMBER 2

)

SIE UR VINCmT GUILLAUME, SENECHAL DAUBERVILlE .VERSUS

SIEUR PIERRE roUCHER DE MO~UN, ESQUffiE SIEURDE LA SOUDRAYE AND.. DAME PETIT DE COULAmE, liIS

WIFE.

Mr . Dauberville , Intendan t Commissary , second JUdgeof the Super ior Council, creditor at defendant fbI't he th e sum of 3000 l1vres in piastres at fivel1vres a nd 200 livres, evidence d by notes datedJune 18, 1788 and AU/}lst _g , 1749 , he ar i rg that Damede Coulw.ge wa s a coheir in the succession of SieurEt ienne Langlois and DalJEl Gerva i s, his wife/ tooka j Udgment and a writ of seizure agains t 5l!id suc ­c ess! on , but in tile· meantime sai d succe ss i on beingsettled Mr . Daube r vi l le pet itions t he Superi orCounc il for a writ of s eizure to be i s sue d againstany a ssets up to 3200 livre s that Si eur Fortiecurator of the s uccession may recover.

Garic fo r plai ntiff .

\

~~ Notice r eceiv ed • .

Fa-tie.67/10

rYEAR 1752

# 52/ 138

SEPTEMBER 2

SUCCESSION OF SI EUR FAZEllDE,FOR1!ER JUDGE OF THE SUPERI OR COUNCIL.

Petition for emancipation.

J

All minors of the late Sieur Fazende, exceptJacques Fazende, having been emancipated bydecree of the Superior Counoil, the said JacquesFazende now about e i ghteen years of age, claimingto be absent in France at the t ime of said decree,petitions the Superior Council for an order tocall a family meeting to authorize his emancipa­tion, said meeting to be held before Hon. Raguet;its deoree to be returned to the Supe r i or Councilfor homologation and f inal order.

(Signed) Jacques Fazende

Petition granted.(Signed) Miche l

Sept. 20, Pursuant to the foregoing order is-sued on petition of Jao ques Fazende,

Sheriff Leno rnand issues and delivers s ummons tothe f ollorr.l.ng relative s and friends of the Fazendef!lIllily to be present ld; the meeting t o discussand decree on t he emancipation of J acques Fa zende :

Alexandre Viel, SurgeonMr. de 1l0nber eau l t , Captain of InfantryMr . de Fl oIllIl1er , Infantry Officer .Mr. de Verbois, Off i cer , cous i n of t he minorsMr. LedOUX, Officer, cousin of the minorsMr. Derneville, Captain of I nfant ry, f i rst

cousin of the minorsMr. Layssard, brother-in-law of the minors

(Signed) Lenormand

•YEAR 1752

#1321

SEPT:E14BER 2

EXECUTIVE SESSION OF THE SUPERIORCOUNCIL.

)

I')

Wsre present, MessrSIDe Vaudreuil. GovernorW.oheli Commissioner General of Marine.

Chief JustioeDauberville, Commissioner of Marino.

Second JudgeDe llembrede, Major of the City of Nevr

OrleansRaguet, Dean of the Superior CouncilDelalande. Kernion and LeBretton, Lateral

Judges

Jaoques Massicotversus

Sieur Fauehe , Ship Captain

Considering the petition and defenoe of litigants.the Council orders the suit of Sieur Massicot tobe dismissed; a test in bread making of the £lourto be made by Sieurs Bellegarde and Desormeaux.bakers, their official report to be submitted toHonorable Michel. Cost on pl.aintiff.

Piotet and Caminadaversus

Si eur Couturier, tutor of the minor children ofSieur Le Kintrek

Considering the petition and defence of litigants.the Council orders the suocession to pay the value of1114 pelts at the rate of 36 sols each, amounting to1949 livres 10 sols, and costs.

/

- 2 -

Sieur 'de Saint Protest PopulusGaric, At1xlrney

versusMichel Fortier, Curator of' the minor children of'the late Catherine Baudreau widow Gervais.

Considering the petition and def'enoe of' litigants,and the opinion of' Sieur de Kernion, acting At­torney General during !.Ir. Fleuriau •s sic1aJess,the Counoil orders that !.Ir. Fortier render an ac­count of' the f'unds of' said suocession bef'ore, !.Ir.Raguet, the of'Ucial report 1xl be referred tothe Council for the proper deoree.

Mr. Daubervilleversus

Sr. La Soudraye Monbrun

Considering the opinion of' LIr. de Kernion, actingAttorney General, the Counoil orders Sieur Fortieto remit to Sieur 'Dauberville all f'unds belongingto the succession of' Dame Gervais, SieurDauberville to remain responsible f'or said f'undsof the minors of Sieur La Soudrayo.

Jeanne Frederic, Garic, At1xlrney,versus

Jaoques Ni colas

Considering the petition and def'ence of' litigants,the Council orders parties to appear before Mr.Duverges, engineer; his off'icial report to bereferred to the Counoil for the proper deoreo.Costs pending.

·-.

')

- 3 -

Widow Piqueryversus

Sieur Tixerant

Considering tho first deoree by default, theCounoil ordors a seoond dooree by default andorders Sieur Tixerant to pay plaintiff theamount of her olaim and costs.

Sieur Fuselierversus

Collnart

Considering petition of plaintiff and promissorynote of defendo.lIt, the Counoil orders a decreoby default. Costs pending.

Petition of Sieur Dreux

Considering the petition of Sieur Dreux, theCounoil aooepts his resignation as Curator ofDemoiselle Rivarde and offioially appoints·Sieur De Couo, unole of said minor, in hisplaoe. ·

Dame Vinsonneau, plaintiff in separation,versus

Sieur Baudreau, her husband

The Counoil orders that a oopy of the petitionand of the offioial report of the inquiry bedelivered to defendant, said defendant toanswer wi thin one month if' he thinks proper.

•..~--

- 4 -

Villars Dubreuil in the nama of:his wif:e, Demelle Iaboulaye,

versusSieur de Ia Pommeraye

The Counoil orders that the negress Catin,belonging to the suocession, be appraised ather ·or i ginal price, Sieur Villars to reimbursesaid appraised prioe to the suocession as wellas the rents at 100 livres per year until theday of: the partition, all new born to be theproperty of: Mr. Villars.

The negress Catherine be appraised and saidamount and 500 livres f:or rent awarded by theCouncil to be reimbursed to Mr. de Ia POllllll£lraye;the partition to be mde by arbiters appointedby the litigants in presence of Mr. Raguet.

) (Signed) Michel

Not listed in Louisiana Historical Quarterly.

57/29

YEAR 1752

#52/131

SEPrEMBER 2

~J

-) ---

EXECUTIVE SESSION OF THE SUPERI OR COUNCIL.

Were preseIrl::Me s s r s . De Vaudreuil, Governor

Michel , Conmdssioner General of Jlarine,Intendant Conmdssary and Chief Justioe

Dauberville, Commissioner of Marine ,Second Judge

De Me mbr ede , llaj or of the Ci ty of NewOrleans

Rnguet, Dean of the Superior CounoilLa Bretton, Delalande and Kernion, lateral

Judges.

Jaoques Mas si co t , merchaIrl:,versus

Sieur Fauche, _Captain of the Mer ohant Vessel "LaPa l l a s "

Sieur ~As si cot bought from Sieur Fauche 220 barrelsof flour for the sum of 7150 livres. Said flour,a fter delivery. proved to be damaged. Sieur 1.!ass i co tpe titioned the Super i or Counoil to re cover the afore­mentioned amount, stating he had bought said flour,trusting to the good f a i th . honesty and sincerity ofSieur Fauche , who guarant eed said flour to be goodand fresh.Sieur Fauche in his answer stated that said flourvms not sold as Ner a o ' s flour a s alleged and SieurMas sioot only paid for it fifteen days and only com­plained thirty-~~ days after delivery, the -flourhaving ampl e time to deteriorate in h is war13house.The Counoil considering the for e goi ng petition a ndanswer order s that Sieur Massi cot be non-suited inhis demand and a test of said flour be made in bread= king by Sieurs Belle garde and Desormeaux, bakers,their official report to be referred to Hon. Mi che lfor a proper deoree. Costs on plaintiff.

------ ---

- 2 -

-------- -

"')

eJ

Sieurs Fiotet and Caminada, Merohants,holding proouration and aoting for Sieur Mesnard,

versusSieur Couturier, aoting for and tutor of the J:linorchildren of the late"Sieur I.e Kintreck, knoT.n as

DupontSr. Gario, attorney.

Sieur Mesnard having oontracted with the late SieurIe Kintreok for the delivery of 1114 parchment roe­buok pelts and having advanoed their approxillatevalue, said advanoe evidenoed by notes of July 1stand 18th, 1748, Sieurs Fiotet and Caminada, proxies,petition the Superior Counoil for the delivery ofsaid pelts.Sieur Couturier an~~rs that all pelts belonging tothe suooession having been sold jUdioially for thebenefit of the oreditors, it was impossible for himto make said delivery in kind, demands that plain­tiff be non-suited in his olaim and the Council or­ders said olaim to be settled in ready cash.Considering the foregoing petition and answer,the private oontraot dated March 5th, 1748, betvroenSieurs Mesnard and I.e Kintreok the notes of SieurI.e Kintreok, dated May 17th and July 1st and 18th,1748, the private proouration granted by SieurMesnard to Sieurs Piotet and Caminada, dated Septem­ber 3rd, 1749, all depositions and opinion of Sieurde KerI!ion, aoting Attorney General during SieurFleuvia.u's siokness, the Counoil orders SieurCouturier to pay plaintiff the 1114 pelts at therate of 35 sols per pelt, as appraised by theCounoil moking a total of 1949 livres 10 sols andoosts,Sieur Couturier to reoeive good and valid dis­char-ge to be aooounted in his final report oftho suooession.

-

I:J

~ 3 -

Sr. Jean Baptiste Garic, acting f:or andwith procuration of: Sieur PopuluB deSt. Protest, widower of: Marie JoachineLanglois, tutor of: their minor childrenand in said capacity co-heir in thesuocession of: Catherine Baudreau, widowGervais, his mother-in-law,

versusMichel Fortier, Curator of: the minorchildren of: Catherine Baudrea.u, widOTrGervais.

The suocession of: Dame Catherine Baudreau,widow Gervais, having been settledand the f:unds trusted in custody of: SieurFortier,

Sieur Populus de St. Protest, desiring toget possession of: his late wife's share touse the revenue f:or the education of: hischildren and set the capita.l aside until theirmaj ority, petitioned the Superior Council toget an accounting i:rom Sieur Fortier and f:ora partition of: said f:unds among the co-heirs.

Considering the f:oregoing petition, theprocuration issued by Mr. !.Iaroellin, Notaryat Yobile. and the opinion of: Attorney General,tho Counoil orders Sieur Fortier to give anaccount within one month, of: the f:unds of:said succession to be later divided among theco-heirs J said report to be nade to 1Ir.Raguet bef:ore tho Attorney General, the properdecree to be issued in the case ,Costs pending.

c)

( )

- 4 -

Vincent Guillaume Seneohal Dauberville,Commissioner of 1larine, Second Judge of theSuperior Counoil,

versusPierr6 Boucher de Monbrun,Sieur de La Soudrayeand Michel Fortier, brother-in-lavr of Sieur deLa Soudraye.

Sieur de La Soudraye, being indebted to Dame Petitde Coulange, now wife of Sieur Dauberville, inthe sum of 3200 livres evidenced by two promissorynotes: one of 3000 livres in piastres dated June15, 1748, and the other for 200 liYres datedAugust 9, 1749; his late wife (Sr. de La Soudraye's)being a co-heir in the suocession of Etienne Langloisand his wife Dame Gervais, Sieur Dauberville,after an unsuocessful attempt to recover, the suo­cession being settled, petitioned the SuperiorCouncil to have all funds belonging to said suo­cession, now in custody of Sieur Fortier, seizedup to the amount of 3200 livres, interest and costs.

Considering the foregoing petition, the two notesof Sieur de La Soudraye, the VITi t of seizure ofApril 18th last, and opinion of Attorney General,the Counoil orders that all funds derived fromthe succession of 1larie Catherine Baudreau, widowGervais, belonging to Sieur de la Soudraye ashis late wife's share, now in custody of SieurFortier, be remitted to Sieur Dauberville.Said Sieur Dauberville to be responsible to theLa Soudraye' s minors for their mother's share insaid suocession.Costs pending.

( j

(J

.- 5 -

Widow Piquery, Baker,versus

Sieur Tixerand, Colonist

Sieur Tixerand being indebted to Wi dow Piqueryfor the quantity of 1726 pounds of flour andin the sum of 215 liwes for the baking ofsame, a deorea by default was rendered on pe­U tion of Wi dow Piquery.Considering the aforementioned f irst deoreeby default, the Superior Council orders asecond decree by default, ordering SieurTixerand to return the 1726 pounds of flouri n kind and to pay 215 liwes and costs.

Sieur Fuselier de La Claire, merchant,versus

The named Eller, knownas C01lrArt.

Considering the petition of Sieur Fuselierde La Claire, for the recovery of 468 livres5 sols 7 deniers avidenced by a promissorynote of 559 livres 8 sols 7 deniers les a 71livres 5 sols paid on account, dated February9, 1752, the Council issues first decreeby default, for non-appearance aDd orderthat defendant be re-summoned fo r the nextsession of the Council; costs paDding .

J

):!' 6 -

Petition of Sieur Mathurin Dr-eux ,to be discharged of curatorship.

Sieur Dreux, having been appointed by decree ofFamily Counoil, aura tor of Dell¥liselle Rivarde,follow:l.ng the resignation of Sieur de Kernion,her step-father, finding that said succession wasinsolvent, Dwoo de Kernion claiming all movableand immovable properties and beside indebted toMr. de Kernion in the sum of 6000 11vres, petitionthe Superior Council stating he took charge ofsaid curatorship with the understanding of adminis­tering it in a friendly way, but as such conditionsare leading to litigaticn and he is a friend ofboth sides and not related to the minor, praysthe Council to aocept his resignation and order afamily meeting to have a relative, Mr. DeCoue, hermaternal unole, or Sieur Provenche, her cousin, ap­pointed in his stead.The Counoil considering the aforementioned petition,and the reasons advanced for Sr. Dreux's resignation,orders that Sieur DeCoue be offioially appointed ascurator for Demoiselle Rivarde.

Petition of Dame Marie CatherineVinsonneau for separation of propertiesfrom Jean Baptiste Baudreau, IaIown asGravelines , her husband.

Considering the deoree of August 1st ordering an in­quiry upon the faots stated on plaintiff's petition,the official report of said inquiry, with depositionsof four witnesses and opinion of Attorney General, theCouncil orders that copies of said petition and offi­cial report be delivered to defendant, said defendantto answer within one month, if he thinks proper.

No SignatureB.

Not listed in Louisiana lIistorioal Quarterly.

57/29

rOJ.

YEAR 1752

#52/132

SEPTEllBER 2

SESSION OF THE SUPERIOR COUNCIL

Marie Catherine Vinsonnoau, authorizedverous

J ean Baptiste Beaudreau, her husband,f or a separati on of properties.

Deoree

Considering the decree issued on AUo~st 5thor de r i ng en inquiry upon the facts stated onplaintiff's petition,The offioial report of t he i nquiry held onAugust 16th before Mr. Raguet ,Tho opinion and demands of tho Attorney General,V

'",\ -.J The Council orders that copies of said petitionand of the official report of the inquiry bedelivered to Jean Baptiste Beaudreau, saidBeaudreau to file his anS?ler t o said pe titionand official r epor t within one month.

(Signed)By the Council ,

" .'

Chanta10u, Clerk

September 5, Notioe and Summon,

Pursuant t o the foregoing de cree issued onpeti tion of Marie Catherine Vinsonnoau, wifeof Jean Baptiste Beaudreau, Sheriff LeNoI'l1lS1 dissues and delivers t o Sieur Jean"BaptisteBeaudreau copy of said petition and a list of

- 2 -

---.r-......- the names: ii:ii'd qualificat i ons of all witnesses

s=ned to testify at '.sa i d inquiry wi th copyof their depositions ,

Also summon to appear before the Council onthe first Saturday of nert month of Ootoberto answer said petition and faots stated onsaid inquiry,

Notifying him that whether presont or absent,final deoree will be rendered on the case.

(Si gned ) Lenormand

J'- .

Not listed in Louisiana Historical Quarterly.

57/29

/

IYEAR 1752

# 52/133

SEPTEJlBER 7

SUCCESSI ON OF DAME GERV_~S .

Sr. Jean Baptiste Garie, acting for andwith procuration of Sieur Populus de St.Protest, widower of Marie Joachine langlois,tutor of their minor children and in saidcapacity, co-heir in the succession ofCatherine Baudreeu, widolY Gervais, hismother - i n- law,

versusMichel Fcrt ier , curator of the minorchildren of Catherine Baudreau, vtidovr Gervais

Peti t i on for a cccunt ing

The succession cf Dame Cat herine Baudreau, wi dowGervais , hll.ving been set tled and the f unds trustedin custody of Sieur Fortier,Sieur Populus de St. Pr otest desiring to get pos­session of hi s l ate wi f e ' s shar e to use the r evenuefor the education of his children and set the capi- .tal aside until their ma j or i ty, pe t i t i oned theSuper i or Council to ge t an accounting from SieurFortier and subsequently f or a part iti on of sa i df unds among the hei r s .Consider ing the for egoing pet i tion and al l ot herpapers per tai ning t o the case , the procurationi s sued by Mr . Marcelli n , Notary at Mobile , to Yr.Garic and the cpinion of t he Attor ney General,t he Council orders Sieur Fortier to give an ac­count within one month of the f unds of said suc­cession to be later di vided among the co- heirs ;'sa i d report to be made t c Yr. Raguet bef ore theAt t orney General fer the proper decree to be is­sued in the case. Cost pending.

(Signed) Chantalou, Clerk

1752September 22,

- 2 -

Noti ce

Pursuant to the foregoing order issued onpetition of Sieur Garic, proxy f or Si eurPopulus, Sheri ff Lenormand issues and deliversa ,copy of said decr ee to Michel Fortier, t utorof the minor of Dame Gervai s and curator ofsaid succession.

(Signed) Lenormand

•

Not listed in Loui siana Historical ~rterly.

57/29

"," ..

C)YEAR 1752

#52/135

SEPTElffiER 5

SUCCESSION OF SIEljR de La. BOULAYE.

Claude Joseph Villars Dubreuil, actingfor his Yd i' e , Jeanne de La. Boulaye,

versusGuillaume Loquet de La Pornmeraye,acting for his wii'e, Dame Jeanne Trudeau,widow of Mr. de La. Boulayo (and motherof said Dame Dubreuil)

o

JUdgnent decreeing the following:

That plaintiff be charged Ylit h rental of negroesof said succession,That his petition to be permitted to take thenegroes of said sucoession be dismissed,That tho claims of plaintiff and his vlifa inand to rights of donor be dismissed for thereason that there existed no marriage contractbetween llr. de La. Boulaye and hi s wife, thesaid Jeanne Trudeau,That t.he cost of mourning garments for th& widowand her children be fixed at a certain sum,That plaintif'f return the two negresses who weregiven him by defendant a1; the time of his mar­riage in order that they may form part of themass of the sucoession to be sUbsequentl:,­divided,That the plantation Ylhich Sieur Trudeau had al­lowed Sieur and Dame de La Boulaye to enjoy,shall remain the separate property of' saidde La. Boulaye as her s hare in her f a t her ' s andmother's succession,

I')

)

- 2 -

That the masa of the suocession of Mr. de La.Boulaye shall be divided as evenly as possible,it being understood that where it is impossi­ble to divide same in kind, a judicial sale ofthe property will be necessary in order toeffect the partition.

(Si gned) Raguet

Not listed in Louisiana Historical Quarterly.

57/29

, ' ," #5Z/134

. -....YEAR 1752 SEPTWBER 6

C) SUCCESSION OF SR. de La BOULLAYEBETWEEll Clu\lJDE JOSEPH VILLARS DUBREUIL,ACTING FOR HIS WI FE , JEANNE LA. BOULLAYE,

andGUILLAUME LOQUET de La PCUMERAYE, ACTIllGFOR IDS WIFE, JEANNE TRUDEAU, WID01'l OF SR.de La BOOLLAYE, MOTHER OF DAME VILLARS.

The Council having seen aooounts presented bySr. de La. Pommeraye, defenses and oonolusions,deorees as follows:

That inoome of Sr. de La Pommeraye be paid fromslaves' rental, amounting to 12,265 livres 16sols, estimation made by Sr. DeVerges and Trudeau,arbiters named under date of Jilly 27th,That petition to take slaves of suooession bedismisaed,That olaim of plaintiff' and wif'e to the right ofdo\~ be also dismissed for the reason that therewaa exeouted no marriage oontraot between saidSr. La Boullaye and Jeanne Trudeau,

/

That 20 slaves are to be divided; one-halt tosaid Dama, the other half to be divided betlvaenSr. "Villars because of' his wife and Sr. La Boullaye,a brother (absent) the share of a minor La. Boullayeis to remain in oare of said Sr. and Dame (tutor)to be used to minor's best advantage,That plantation Sr. Trudeau had allowed Sr. andDo.:ne La Boullaye, remain the separate property ofher rather's and mother's suooession,That slaves and property, the lInas of said sum,be evenly divided and be understood that whenimpossible to divide, jUdicial sale be made t oeffeot partition. .

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Costs to present day amounting to 208 livrespayable between said Dame and minors.

All of the demandll and petition are to bedismissed and succession oondemned and allothor costs and expenaess

(Signed) Raguet

Not listed in Louisiana Historical Quarterly.

58/29

YEAR 1752

LE'rTER TO SR. RONDES

No address

SEPTEMBER 8

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This letter ep parently written to a son andsigned Urania is an affectionate family let­ter, expressing regrets of the long silencecaused by misunderstanding from a trip 'saidRondes was supposed to have made to Louisiana.A letter received July 24th ca uses presentansvrer sent to Nevr Orleans wher e he now mightbe and informs him of others sent before to St.Pierre, Mis s i s s i ppi and Loui s iana, the last ad­dressed to the Drs. Roussillon. This letterrequesting news, he is informed of life at home,of matter s per sonal to themselve s and of friendsand relatives having married, others now heirsof large f ortunes. Wri ter expresses sorrow onhearing of the accident caused by fire ' at whichhe was present and thanking him for his thought­fulnesa t o he r f a t her and sisters, wi she s himto know she is the same.

(Signed) Urania

Not listed in Louisiana Historical Quarterly.

-.-J

\ 58/29

YEAR 1752

# 52/ 137

,SEPTELlBER 8

LETTEROF SIEUR MOllEREAU, 11RITTEN I

AT BORDEAUX, TO SR; RONDER (Ar NE)HI S BROTHER- 1M-LAn AT MARTINIQUE,

Acknowl edgi ng receipt of a l et t er . Referringt o a trip said Sr. Ronder is about to make t oMis si ssi ppi , correspondent states to have in­sured him for 12,000 livres as desired on car­go of Ship "Elizabeth", Capt. Cadis goi ng fr omMartinique t o Missis sippi and back t ol!ar t inique , at 1/ 4% and de clines offer to buya share on said ship t o be sold on its return,

" t hi s owing t o recent investments.

") Enclosing note of assurers and papers requested ,--' v~iter TIishe s his brother-in-law prosperous and

bon voyage.(Si gned) Moner eau

List of as surer s :

Mr. Lartigue 3000 )Hahan 2000 )Francis f i l s Dej ay 2000 ) 1200Jung 1000 ) at 1/4%Jacomer Alexandre 2000)Va lent in Senior - 2000)

Commission 1/2% -

Bor deaux, Sept. 8, 1752(Signed) Moner eau

5 - 10

605 - 70

No t listed i n Louisiana Historical Quarterly.

58/29

YEAR 1752

52/138

SEPTWBER 9

J

SUCCESSION OF SIEUR FAZElIDE.F OR11ER J UDGE OF THE SUPERI OR COUNCIL.

Petition for accounting

Sieur Layssard. tutor of the minors of the lateSieur Fazende , having for fiva years enjoyed asfarmer. the properties of said succession with­out rendering an account. Sieur Ledoux in thename o f his wife ••••••••••••.••••. Fazende ,jointly with four other co-he i r s of a ge andemancipated . petition the Superior Council de­manding that Sieur Layssard be summoned to appearbefore the Council to gi ve an account of the ad­ministration of Sieur Fazende's succession.

(Signed) Le Deux

Permit to summon. (Signed) Raguet

SUIIlIIlOnPursuant to the foregoing order issued on petitionof Sieur Le Doux am others. Sheriff Lenormandissues a summon ordering Sieur Layssard to appearbefore the Council t o answer said petiti on a m hearthe proper decree. said summon delivered t o SieurLatendresse.

(Signed) Lenormand

Not l isted in Louisiana Historical Quarter l y .

57/29

"-~----~----------------

YEAR 1752

- 2 -

#1322

SEPTEMBER 9

SUCCESSI ON OF SIEUR DANIEL FAZENDE

Answer

Pursuant to an order issue d on pe t i tion ofSieur Ledoux and others, Sieur r...w ssard,tutor of t he Fazende minors, declares he isready to gi ve an acccunt of his tutorship,but asks for a delay of "\;\0/0 months in whichto prepare his report.

(Si&ned) Layssard

r~ Not listed in Louisiana Historical Quarterly.

57/29

IYEAR 1752

D 52/131l

SEPTEMBER 11

()

Letter writ t en at Bordeaux by Sr;Trucharron to Sr. Rondit at Fort st.Pierre acknowledging their long silence.Remarks are made on the writer's poorhealth. Where is also referenceto his sorrow on hear ing of his friendloss by a fire at St. Pierre andmenti on of his gr eat character accept­ing such a "" t r i a l he is sure withcourage and res ignation.Dwelling on some mutual fr iends, somehavi ng married, others hav Ing been toBordeaux.The writer wi shes his fr i end goodfortune and hopes to have the pleasureof seei~ him soon in France.

Sigmd Tucharron.

58/10

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YEAR 1752

D 52/140

COLONY OF LOUIS~FISCAL YEAR 1752.

SEPTEMBER 16

Draft (second c q,y) for 2000 l1vres drawnby Sieur Duninan at New Orleans on Mr .de Boullongne, Treasurer General of theColonie s in Parl s payable to the Or der ofMr. Dul1not on January 23rd,1753.

(Signed) Duninan

Approved by the undersigned Commissi on er ofMarine am Intendant Commissary.

Michel.

57/10

YEAR 1752

# 52/ 141

COLONY OF LOUISIAllA.

SEPrEMBER 18

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Fiscal year 1752

Draft (second copy) for 150 livrosdrmm by Sieur Duninau at New Orleanson Mr. de BoukLongne , Treasurer Genaralof the Col onies in P:l.ri s . payable t othe order of Mr . Dulmot on January 25.175:;.

(Signed) Duninau

Approved by the undersignedCommiasioner of Marine

and Intendant Commissary

Michel

Not listed in Louisiana Historioal Quarterly.

57/ 29

YEAR 1752

#52/142

COLONY OF LOUISIAllA

SEP£EMBER 18

Fiscal )~ar 1752

Draft (second copy) for 2000 lines,drawn by Sieur DUDinau at New Orleanson Mr. de Boullongne, Treasurer Generalof' the Colonies in Paris, payable tothe order of Mr. Dulmot on January 25,1753.

(S igned) Duninau

'-----

Approved by the under-sdgnedCommissioner of U~ine

Intendant Commissary

Michel

Not listed in Louisiana Historical Quart e r l y .

57/29

l~YEAR 1752

73241

COP! OF MARRIAGE CONTRACT.

SEPTEMBER 18

'~J_.-

Appearing before undersigned Not ary and witnessesat New Orleans, Jean Barth, native of Lyons, resid­ing in this oolony, eon of the late 1le.thieu Barreand of the late 1le.rguerite Barbier, wi dower ofPerine David, and Elizabeth Toma.lin, widow of thelate Louis Lavigne (or Lavergne), enter into thismarriage oontract, mich contra.ot oontains the fol­.1Ofring provisions and stipulations, mich said ap­pearers agree shall be duly carried out.

Said appearers agree and promise to marryeach other and stipulate that the marriageoerel1lOny is to be in aooordanoe with theRites of the Catholio Churoh.It is stipulated that said parties are tolive in community of rights, after marriagein aocordanoe with the Customs of Paris.After partition in the suooession of "­Lavergne, one-third of the partitiongoing to his widow shall ,be l ong to thefuture community to exist between theparties hereto and the remaining two-thirdsof said portion shall be the property --bfthe issue to be borne of the marriage nowoontempla.ted.The future husband settles two thousand .pounds on his future wife as a dowry andstipulations follO\i" as to its fiDal disposition.It is stipulated that the surviving spousein community shall reoeive sixpounds, mich amount is to be pa-;-id""--s""a-;i"""d:--s-ur­riving spouse out of the oommunity prior topartition, and immediately following thetaking of inventory, said payment to be inoash, should said surviving spouse so desire it•

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The next provi sion treats of the maintename,and upkeep of the children of the la.telAvergne and to whom sa.me sha.ll be cha.rged.The la.st stipulation is so torn that it isnot possible, without guessing, to tellexactly what is its import.

Said contraotingable to write orOriginal signed:Picou, Pelisson,Notary.

parties deolared themselves un­sign.Cantrelle, Lemelle, Revoil, .

LeNormand and by undersigned

'J 1752December 22,

(Signed) Chanta.lou, Notary

(73243~6) ,Colla.ted Copy of: Inventory of:Property belonging to Suocessionof: Louis lAvergna a.nd of: the Saleof: said property to Jean Barth,Husband of: the wido,'/' of: said louisIAvergna, now deoeased, and dispo­sition of proceeds of said sale.

.-J

This property, inventoried and sold, consisted of: ,several negro sla.ves and of: miscellaneous 'art i c l e ssuah as a faw great kettles, some siokles, onedozen and a' half' pewter spoons, one dozen orockoryplates, one table and one sai:e. The proceeds of:said sale amounted to six thousa.nd five hundredeighty-one pounds, ten sols; f:rom said amount,Jean Barth and his wif:e inherited six hundredpounds f:rom said IAvergne, equally with the threesons-in-law of: the widow IAvergne. There being ,two minor sons of said IAvergne, Jean Barth obli­gates himself to pay them six hundred pounds ontheir attaining i:ull age. From the abovementioned

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prooeeds. three thousand ' pounds were then de­duoted which amount represents the ohildren'sshare i n Louis IAvergne' s suooession. Thebalance remaining o£ said proceeds is the widow'sshare and it is t o belong to the oommunity whichshall exist arter her marriage to said JeHQ Barth.who obligates himsel£ to deliver said amount toher ohildren. in case she should die be£ore him;

, however . should he die before his said ruturewire. his children shall deliver said amunt toher without prejudioe to her dower rights and saidwife and her children shall hold the suocessiono£ Jean Barth free o£ all obligation towards them.Done in the presenoe o£ Mr. Darembourg. COllIIIn.Ddantat Des Allemands and of the persons undersigned.at Carlestin.Original signed: Darembourg. Pierre Lavergne.Barth. Roge & J. Delande declared they were unableto sign or write. I

(Signed ) Chantalou. Notary

1753February 1. (73246)

AffidavitPersonally appeared be£ore undersignod notary andthe witnesses Charles Tozineau and Joseph Songy.Jean Barth and Mrs. Elizabeth Tomalain

.,.-:--:::----wido\v of Louis Lavergne. wno deolared that fourhundred and two pounds are to be added to the aboveand f oregoing inventory; that said amount representsthe prioe of a pieoe of land aoquired by the widowduring her marriage.

(Signed) Chantalou. Notary

1762JUly 6. (73246-47)

Donation Inter Vivos~ppearing before undersigned Royal Not ary and thewi tnosses Marin Barry and Pierro Chiron. Jean Barth

)

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and Elizabeth Thomallin, his wife, by hiln dulyauthorized, who deolared that not having madeeach other donations by their marriage oontractand beoau se said Barth has sinoe aoquired severalnegroes as a result of having acquired propertyfrom his wife ts family and fearing that, shouldhe die before his wife, that his heirs might worryher about these said negroes, which are -f our innumber, he now stipulates that should his wifesurvive him, she is to enjoy the possession ofsaid negroes and that. on her death, said negroesare to be turned over to her heirs. This instru­ment was then read to said parties, who approvedits contents. said parties declared themselvesunable to sign because they can neither read nor=ite. '\'/hereupon said Barth and Thomallin thenand there deolared that the above-mentioned ne­groes were acquired through the earnings andprofits of their community and not through propertycoming from the wife aforementioned, and that thesurvivor in commuility is to enjoy the possession ofsaid negroes which shall go to their heirs on bothsides at the death of said survivor and that theconditions herein before stipulated are here de­clared null and void and contrary to thesepresents.

(Signed) Broutin, Notary

1762Sept~ber 7. (73247-48)

Extract from the Hearings of theSuperior Council of Louisiana

of September 7, 1762.

The donation inter vivos nade each other byJean Barre, resident of this colony, andElizabeth Thommelin, widow of the late Louislavergne. passed before Broutin, Notary, onJuly 6th last, the hearing in open Court and

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the opinion of the Attornay General, all dulyconsidered: It is ordered and deoreed by theCounoil that said donation be insoribed uponthe register of said Counoil in order that itmay have full f or oe and effeot, which order wasoarried out f'orthwi th by the olerk.

By the Counoil(Signed) .

Broutin, Clerk

(7t pages)

Not listed in Louisiana Historical Quarterly.

61/29

YEAR 1752

#52/143

COLONY OF LOOlSIANA

SEPrEllBER 19

Fiscal year 1752

Draft (second copy) for 125 livresdrawn by Sieur Duninau at New Orleanson Mr. de Boullongne, TreasurerC-enera1 of the Colonies in Paris,payable to the order of llr. Testar,for account of Sieur Pelisson onJanuary 25, 1753.

(Signed) Duninau

Approved by the undersignedCommissioner of Marine

Intendant Commissary

Michel

Not listed in Louisiana Historioal Q~·terly .

57/29

YEAR 1751

# 1322

SEPTEMBER 21

SUCCESSIOlT OF SIEUR DANI EL FAZENDE,FORMER J UDGE OF THE SUPERIOR COUNCIL.

Official Report of Fwnily Meet ing.

J

I -0

Bef or e Honorable Jean Baptiste Raguet, the follow­ing relatives and friends of the Fa zende f wnilya ssembled for the purpos e of granting JacquesFa zende , a minor, his full rights by emancipat i on :

Mr . Derneville, Captain of Marines , f i r s tcousin

Etienne layssard, brother-in-lnw, marri ed toHel erie Fazende ,

De Monber aut , Captain of Infant ry , cousinMr. La Doux, Lieutenant, brother-in-law, mar­

r i ed t o Francoise FazendeMr . de Lemar, Lieutenant, cousin!~. de Verbois, Ensign, cousin

The uaammcus opinion of t ho se present was thatt he said Jacques Fa zende bei ng capable of managingh i s own aff air s , was entit led t o emancipation andto administer his propert i e s under the curatorshipof Mr . Alexandre Viele.

(Signed) LadoltX, Jacque s FazendeAlexandre Viel , DernovilleDeverbois , Iayssard

llontaut de Monbora ut

The under s igned acting At t or ney General approve st he for egoi ng decree of t he f wnily meeting t o behomologated and consequently the minor t o beemancipated under the curatorship of Si eurAlexandre Vi e l e .

(Si gned ) Raguet

rYEAR 1752 SEPTEMBER 22

JACQUES MASSI COT, BAKER,Versus

SIEUR FAUCHE, CAPTAIN OF THEVESSEL "LA. PALLAS"

Ansvror to Petition.

Sieur Jaoques Yassioot, baker, having purohasedfrom Sieur Fauohe, Captain of the Vessel "LaPallas", a oonsignment of flour amounting to7150 livres, pet i t i oned the Superior Counoil tocompel Sieur Fauche to retake said flour and re­fund the said amount of 7150 livres, claimingsaid flour to be in a damaged condition and un­fit to make good bread.

In his ansvrer, Captain Fauche admits that i twas not Ner a o ' s flour, but neither was it soldas such, the prioe paid by plaintiff, proves it.

Sieur Yassicot gav e the flour a thorough examina­tion and had an expert baker to assist him beforepurohasing it; said baker stating that the flourwas not condemnable but was not fit to make firstolass bread; said deolaration condemns plaintiff.

Sieur J.!assioot agreed on the prioe, only afterfull satisfaotion of its quality.

The flour delivered on July 29th was paid onAugust 15th, but the complaint was only madethirty-two days after delivery, during whiohtime said flour had ample time to deterioratein plaintiff 's warehouse.

(oont'd)

fI ,

52/130 cont'd.

Defendant refers the Council to the case ofBetterndeux versus Girardeau, settled in MayorJune, 1750.

Sieur Betterndeux having bought from SieurGirardeau a quantity of brandy, · and the firstdelivery the nex;j; day having proved unsatisfaotory,Sieur Bettermieux entered action against SieurGirardeau to have the deal cancelled.

The Council ordered Sieur Bettermieux to keep what­evor brandy he had reoeived, as he should have itexamined before pur-chaae s

Dofendant prays that plaintiff's oa80 be dismissedwith costs.

)(Signed) Gario, Attorney,

for defendant

Not listed in Louisiana Historical Quarterly.

57/29

YEAR 1752 SEPTEMBER 25

SUCCESSION OF FRANCOIS BRUNET.

Rejoinder

)

Dame Jeanne Huben. widow of Francois Brunet.having rendered the aooount demanded by ClaudeChenier in the name of his wife. Har i e Lord seBruno'b, daughter by a pr eviouG marriage ofSieur Brunet,Sieur Chenior i n his answer states that hevlil l abide by the decision of the Counoil con­oerning the debts paid by Dame HUbert, thatshe remains in possession of t he house and lotas \ve l l as t he house and lot befallen t o herfrom her f ather's suocessionJ that the lot andnegro in the communi~- of said Joanne Hubertand the late Sieur Brunet be sold and the pro­oeeds divided between then after pa3~ent there­from of the sum of 375 livres . to the namedFrancois St. Jean. son of Sieur St. Jean. byher first ~Arriage.

Plaintiff agrees to abide by the decision ofthe Counoil on all other articles of the report.

(Signed) x Chenier(his mark)

\

Gario.Witness

Not listed in Louisiana Historical Quarterly.

57/29

- - - - - ---'

tYEAR 1752

#52/145

OCTOBER 1

UNSIGHED LETTER ADDRESSED TOSR. TESTAR, loIERCH.AlIT AT LA.ROC3ELLE, KING'S VESSEL "RINOCERCS"CAPTAIN LELARGE. -

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Writer who is in partnership with Sr. Testsraoknowledges letters 01' loIaroh, llay and JUDe 01'the present year, &s well &s merchandise reooived,sh01lJ1 by invoioe enolosed. Annexed are aocounts01' goods sold, unsold, and sent to Sr. Bosseron.Joining these are 3000 l1vres letters 01' exohangeon General Treasurer, and one 01' 2000 livres ob­tained trom a settlement with Sr. Hel117, theseto be ca.rried on the partnership reoeipts.Writer thsnJca Sr. Testar tor advance made hisbrother-in-law, Sr. Songy, and requests to givehim no more, Songy having imposed on his al101'l'­ance.Letter dwells muoh on purchases made, some verysatisfaotory, others to be corrected and someto be rep8ll.ted. HeasJca that on all oocasionspresenting- themselves, whether by freight orotherwise, goods be sent to him.He informs Sr. Testar 01' mutual friends return­ing to France, one a Sr. Babin, bearer 01' thepresent and Sr. Henry - requesting this not men­tioned llama Heury (his wite ) , he fears to selther upon his arrival. Correspondent requestsaocount 01' their partnership to the present date,his intention being to keep on aDd to even in­oreue it, if lIr. Testa.r feels the same.Complying to relllU'Jca Illfode him, he will acceptletters of exchange preferably to productlloSending best regards from himself and wife toTestar and his family, remains devotedly,

•, - 2 -

Postscript requests enclosed letter delivered.and for his wife 50 livres of fa:a.cy embroidery"pourpoint" and assorted colors of flowers forthe hair - these carried on the par1:nerahipaocount.

(In dOOUlll9nt is folllld fragment of list ofmercha:a.dise). .

•

Not lis'ted in .Louisiana Historical Quarterly.

58/29

" f,

YEiIR 1752 OCTOBER 3

SUCCESSI Ol~ OF MR . De NOYA1I"" .

Petition f or recovery.

Sieur Petit having made a deposit of 5000 livresfor safe keeping in care of Mr . de Noyan , saiddeposit evidenced by a promissory note datedNovember 15, 1745, 2000 livres pa i d on account,acknowledged by Mr . Pe t i t ' s receipt on said notedated :May 1, 1746, leaving a balance due of 3000livres, sai d note transferred to Mr. Garic forrecovery.

Permit to summon.

oSieur Garic pe titions the Superior Council t o haveMr. de Chavoy, tutor of the minors of Mr . de Noyan ,summoned before the Council and ordered to pay theamount of 3000livres wi t h interest and cost.

(Signed) Garic

(Signed) Raguet

Lenorman d(Signed)

SummonPursuant to the foregoing order issued on petitionof Sieur Garic, Sheriff Lenorrnand i s s ue s and de­livers a copy of said petit i on to Si eur de Chavoy ,tutor of the de Noyan minors, and summon to appearbefore the Council next Saturday, Oct ober 7th, toanswer said petit i on and hear t h e proper decree int he ca se .

cJ Not listed in Louisiana Hi st or i ca l Quarterly.

57/ 29

,------------

I!

YEAR 1752

# 52/ 147

COFY OF ACT OF SALE

OCTOBER 4

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By notarial act, Sieur J ean J oseph Delfau dePont alba , Captain of I nfantry, commanding fo rthe King at the Pos t of Point e Coupee, and DameMarguer i t e Brout i n , his ,ilf e , sell and transferto Si eur Pierre Fr ancois Rous sillon, a plantationtwe lve arpents front by the usual depth, divi dedin two by a large canal, s ituat ed one l eague ( t womi l e s and a hal f ) above the cit y on the same sideof the river, ad j oi ning Sieur Livaudais , Captainof the Port, land f r om be low and the l ate Si eurRobe r t Avare land, actually en j oyed by his widowmarried to Si eur Delaunay, and children f r om ab ove ,,ilth a house an d other buildings in decay , beingthe same plantation Si eur and Dame de Ponta l babought f r om Si eur J oseph Dauphin and Mari e AnneMeunier , his wi fe , by act pa s s ed before SieurHenry, Notary, on Nove mber 9, 1750.

Said sale is made in consideration of 28000livres which Sieur Rouss i l l on agree s and promis esto pay to Si eur and Dame de Pontal ba wi t h i n fiveyears from date .wi t h interest a t t he rate of fivepe r cent, sai d i nterest and i nstallments on thecapital t o .be paid annually in French money orany ot her money current in Bor dea u:t; the lastpayment , on the capital t o be made in Bordeaux nol ater than f our months a f t er the expiration ofthe five y ea r s , no interest t o be pa i d f or thesaid four months. If the final payment is madel ater than the four months of gra ce , Si eurRoussillon agrees t o pay interest in f ul l to dateof payment i n c l udi ng the said four months.

Si eur and Dame de Pontalba r eserve t he r i ght t ohold special and priority (first) mor t gage uponsai d planta t i on until f ull payment .

rYEAR 1752

# 52/ 148

CERTIFICATE

OCTOBER 4

)

On re quest of Ambroise Heydel and GaspardTaulse, the undersignod Darensbourg cer t i fi e sthat both above .named resided at "LlAi'ise auxOutardes" until the invasion of the Tchactas.when Ambroise Haydel transferred t o Wi dow LaVergne 15 arpents of said land for l and onthis side of the river vihere he is now estab­lished.

That Gaspard Taulse made an even ex change of threearpents wi t h lIr. Ducoder, abandoning the rest ofhis land.

Again said Darensbourg certifies t hi s will caus ereclaiming of lands the proprietors abandoned fi­DAlly, and should be considered t o prevent f uturedifficulties.

(Signed) Darensbourg

At Cnr leston, Oct . 4, 1752.

Not l i s ted in Louisiana Hi s t or i cal Quarterly.

58/29

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It is expressly a~reed that Sieur rom Dame dePcnta l ba wi ll no t be allmrod to recover the said28000 livres unt il they wi l l have ful l y settledthe amount due the children, heirs of the lateDame llalbe c , wi dow of Sieur Pe t i t de Levilliers,Sieur de Pcntalba be i ng t he i r t ut or as husbandof t hoi r mother . .

Made a nd pas sed in Nmv Orl eans at the residenceof Si eur Roussil lon in pr e s en ce of SieurJ oseph Pel i ss on and Marin Lenormand , witne s ses .

Original s i gned by : Ponta lba, Roussi l l on ,Pe l i sson , Lenormand, Br out inde Ponta l ba and t he notaryundersigned.

Chantalou, Notary

Not l i s t ed in Louisiana Hi s t or ical Quar t e r l y .

57/ 29

IYEAR 1752

# 52/ 149

OCTOBER 5

'0

SUCCESSJ: on OF SI EUR FRAllCOI S BRUUET.

Cl aude Chenier , actm g f or hi s .wif e ,Mar ie Louise Brunet,

versusJeanne HUber t , widow by second marriageof Francois Brunet .

Decree

Dame Jeanne Hubert having, in compliance Vii th anorder of the Council issued on petition of SieurChenier, rendered an accounting of the lateSi eur Br unet ' s successi on, the case was referredto Honorable Raguet for a docision. .

Considering the deoree of the Superior Counci lordering defendant to render account to plaintiff,The oertified account rendered by defendant,; acopy delivered to plaintiff,The an swer, rejoinder and oxplanations filed 'against said account and all othor papers per tai n­ing to said case,

Honor ab l e Raguet, Special Commissioner in his de­cision, recommends that

To the first article which shows assets for a sumof 853 livrea 12 sol s, be added t he sum of 212livrea a s a 25 per cent increase, a coor ding to1aIV, makine; a t otal of 10 65 livres 12 sol s , Ylhi ohadded to the second article (debts reoovered bysaid widow af t er her husband's death) amounts t o1829 .livrea ,

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9ther artioles on assets approved,~vo artioles on expenses totalling 324 livresapproved.Defendant's allo\'lanoe for mourning expenses re­duoed to fifty livres.A sum of 200 livres f or her preoiput and 300livres for her dowry according to her contractof marriage deducted from the oonmnmity at par­tition be paid t o defendant.On arti cle fifth the sum of 1008 livrea 19 solspai d f or debt s to different persons be reducedt o 534 livres, the balance rejected as imaginarydebts,Article sixth, 300 livrea paid 1r! defendant f orplaintiff's wife's marriage expensesrapproved.The cost of rendering account reduced t o 60 livrea.The lot of ground and negro, the only il1llllovableand concrete assets of the conmnmity, to be soldat auotion, defendant t o recover her dov~y,

preciput and all other claims from the proceeds,also the sum of 375 livres to be paid t o FrancoisSt. J ean as his share on a lot of ground sold bythe late Sieur Brunet; the ·balanoe t o be dividedbetween plaintiff and defendant,All other olaims to be non suitedJ each one toremain the O\'l1ler of immovables in their possessionbefore t hei r marriage.

(Signed) Raguet.

Read and approvedBy the Council

Michel.

Not listed in Louisiana Historioal Quarterly.

57/29

YE}.R 1752

52/156

PE'EITIon FOR RECiJ\TmY

OCTOBER 6

:)

A bol t of sai l cl ot h was s tolen on November 2 2;1751 , from the ve ssel "Elizabet h " fromMar t i nique , anchored in thi s city, by a mulat t onamed J os e ph i n compl icity ,'li t h a nogr o f r omt he Je suits . ..Sieur Le Sassier , merchant , par t ovmer' of said

,mul a t t o , having r ef used to pay 232 l i vres, t heval ue of sai d stolen bol t , Si eur J ac quesMal vesi n , the oyr.ner of the ves se l , pe t iti onedHonor ab le 'i chel , ColllDissioner ,Gener a l of1lar i no, firs t Judge at the Superior Counci l ,to r e cover f r om Sieur I e Sassier 232 livres,the va lue of said cloth .

(Si gned) Jaque lla l ves i n

Permit t o s ummon.

(Si gned) llichel

SummonPursuant t o the f oregoi ng order i s sued on pe­ti t i on of Sieur Jacques Mal ve si n , mmer of theves sel "Elizabeth", - Sher i f f I.enormand issuesand del i ver s a copy of said pet i t i on to SieurI e Sassier and a s~ons to appear befor e theCouncil and anm7er said petiti on and hear thepr oper deor ee i n the ca se .

(Signed) Lenormand

Oct . 9 , Decr eeThe testimony of l'Titne s s e s and the confe ssi onof the mul a t t o , JO SO~l , who adrr~tted having

)

-J

- 2 -

stolen the bol t or sail cloth i n complicityvd th a negro , said bol t br ought t o the J esui tspla ce , pr oved beyond doubt that t he saidDlulatto Jo seph ~~s an acknowledged t hier .Consi der i ng the order issued by Siet~ Phrepeinof Mar t i ni que , part ovmer- or said mulattot o Sieur l e Sa ssier , t o r eturn said mulatto t oMar t i nique , Honore.ble Judge lJi chel or ders thatsaid mul att o be del iver od on board t he vessel '"Eli zabet h" t o be r e t urned t o l1ar tini que and t or emain in cus tody or Captain Cad ix , unt i l ot her­~~se c r dered at llart i nique , a ocordi ng to paper sand claims I'ur-rrl she d by Si eur Nalve zi n and t hepresent declarat i on or which a cert i ried cO~J

i s del ivered .

(Si gned) lfi che l

Not pr inted in Louisiana Hi s tori cal Quarterl y .

57/ 29

YEAR 1752

#52/ 150

PETITIOl~ FOR WRI T OF SEIZURE .

OCTOBER 7

)

..-:)

Wi dow Pi query, baker , having obtaine d a de creea gainst Sieur Ti xerand f or t he recovery of 1726pounds of f l our in kind and 215 livres in cashf or baking same, now pe t i t i ons t he SuperiorCouncil stating tha t a s Sieur Tixerand bas neverexecuted said judgment, she demands t hat thesaid f l our which was wor th 200 livres a barre llvhen so l d be pa i d at t he r a t e of 45 livres pe rbarr el of 285 pounds (curr ent price), maki.ng atotal of 751 livre s 10 so l s and 215 livre s f orbatin g , a t otal amount of 966 livre s 10 sols f orwhich she demands a wr i t of seizure agai nst SieurTi xerand vn th interest and costs .

(Si gna d ) Wi dow Piquery

Pet i tion granted. (Signed) Miche l

No t listed in Louisiana Hi stor ica l Quarter l y •

57/29 .

/

YEAR 1752

# 52/151

OCTOBER 7

MARI E CATHERINE VINC ONllEAU. WIFEOF JEAN BAPrISTE BAUDREAU,

versusJ EAN BAPTI STE B.AJJDREAU.

Deoree in separation of properties.

Considering the petition of plaintiff forseparation of properties, renunoiation to oom­munity and repossession of paraphernal properties,The deoree of Counoil orderilll; an inquiry uponthe faots and maloonduot of Sieur Baudreau statedin said petition,The offioial report of the deposition of fourwitnesses at said inquiry and all other papersand deeds pertainilll; to said case,

The Counoil orders that:

Plaintiff be separated in properties from de­fendant.Certifioate be given to her of her renunoiationof oommunity existilll; be tween he r self and J. B.Baudreau, and con sequent l y permit to retake pos­session of all movablos and immovables, effeotsand oattle brought by her into the oommunity ather marriage, suoh properties to remain in herownership as wa ll a s her ohildren's; he expresslyf orbids J. B. Baudreau to sell or to mortga gethem under no reason\~atsoever .

An inventory to be taken of all properties.Considering the opinion of Sieur de Kernion, \aot~ Attorney General sinoe the death of Mr.Fl euri au , the Counoil orders a deoree by default,de fendant to be resummoned f or the next session ofthe Super i or Counoi l .

By the .Counoil ,Chantalou, Clerk

J

- .

- 2 -

Oot. 12, Notioe and SummonPursuant t o the foregoing decree

issued on petition of Marie Catherine Vinoonnoau,wife ·of Jean Baptiste Baudreau, Sheriff Lenormandissues and delivers copy of said deoree to J. B.Baudreau and summon to appear before the Councilto hear the final deoree in said case, notifyinghim that whether present or absent, said finaldeoree vlill be issued.

(Signed) Lenor=d

Not listed i n Louisiana Historioal Quarterly.

57/29 ·

YEAR 1752

JL52/ 1527r

OCTOBER 7

WIDOW PIQUERY versus SIE UR Tl XERANT

Decree

Wi dow Piquery having obtained a decree againstSieur Tixerant ror the recovery or 1726 poundsrlour

lin kind, said decree not being executed

pe t i t i one d to recover the sum of 726 livres 10sols, the value or said rlour plus 215 livresror baking same, making a total or 966 livres10 sols, charging only 45 livres per barrel orrIour weighing 285 livres, which was wor th 200livres at time of delivery. and a writ or seiz­ure a gainst Sieur Tixerant.

~ The Council considering the petition or WidowPiquery and the railure or Sieur Tixerant toexecute l ast decree, orders t hat Sieur Ti xer antpay t he flour in kind or a writ or seizure beissued against him, his movables to be sold upto 966 livres 10 sols vn th costs and interest.

By t he Council

No signature

Not listed in Louisiana Hi s tori cal Quarter l y .

57/ 29

YE1lR 1752

#1324

EXECUTIVE SESSIOH OF THESUPEP.IOR COIDlCIL.

OCTQ3ER 7

)

J

Were· present Messrs:Michel, CoIlllllissioner General of the

Marine, Intendant CoIlllllissaryand First Judge,

Dauberville, Commissioner of Marine,Second Judge,

Raguet, Dean of the Council,Le Bretton, de la Lande, Kernion andLafronxere, Lateral Judges.

Catherine VinooDIl£lau, wife of Beaudreau,versus

Baar dreau.The Counoil orders decree by default, defendant tobe re-summoned for the next session of Counoil.

Sieur Ledoux, married to Demoiselle Fazende,Gario Attorney,

versusEtienne Layssard, tutor of the Fazende minor

Considering petition and defenoe of litigants,opinion of Sieur Kernion, aoting Attorney General,Counoil orders Mr. Layssard to render aooount of hisadministration before Mr. Raguet within tvro months.Costs pending.

)

- 2 -

Fuselier de la ClaireversusColmr

All testimonies heard, defendant is granted untilthe end of December to settle, and costs.

Mr . Gariovereus

Mr. de Chavoy, acting for Mr. de NoyanAll testimonies heard, the Counoil orders Mr. deChavoy to pay plaintiff the sum of 1000 livresnext December, same amount in December 1753, andalso same amount in December 1754; the suocessionto pay costs.

(Signed) Miche l

Not listed in Louisiana Historioal Quarterly.

57/29

YEAR. 1 752

P011ER OF ATTORNEY .

OCTOBER 7

Si eur Chauvin de La Fr enier e , known as La Sueur ,a minor, desiring to sell a tract of land f ourar pezrbs front by t he usual depth, situated t hreeleagues (seven mil es and a ha l f ) obove the cit yon the l eft bank of the r i ver a t the Tchoupi t oul ascypross l and, because he was not getting any r eve­nue f r om. it and i ts upkeep was onerous , int endiI1&t o invest t he proceeds, t o a better advantage ,in the purchase of ne groes , a fami l,· IT.eet i ng Via sor dered to be convened to aut hor i ze him t o pr oceedt o said sal e,Mes sr s . Le Bret t on , de Mouy , Payen de Chavoy ,

Volant DeLhomme and Dernevi lle , r elatives andfri ends of Sieur de La Freniere , having been sum­moned but being unable to be present a t said fami lymeet ing on account of t he gat her i ng of t heir crops ,gr ant a pr i vate pov/er of at t or ney to Sieur J eanBa pt i st e Gar ic , gi ving him power and authority t or e pr esent t hem. a t sai d meeting , agre e and promiset o appr ove and r at i fy t he decree of sa i d meeti ng.

(Signed ) La Bretton ,Demouy,Payen de Chavoy ,

VolantDe lhommeDer nevi l l e

On motion of Si eur Gar i c , the Council homologatesthe decr ee of the f amil y counci l to be executeda ccor di ng t o i t s f or m and tenor .

(Si gned) lli chel

No t listed i n Louisiana Histor ical Quart er l y .

5 7/ 29

• YE.<\R 1752

# 52/ 153

OCTOBER 7

MARIE CATHERINE VINC ONNEAUver sus

J EAN BAl'TISTE BAUDREdIJ , HER HUSBAND

Petition £or Separ a t i on o£ Properties.

. ~

)

Dame Imri e Catherine Vi nconneau having pet i tionedthe Super i or Council £or a separation o£ pr operty£r om her hus band, Jean Bapti st e Baudreau, on ac­count of' his misconduct , his unbecoming behavi orand o£ his squandering t he a sset s o£ t he community ,the Council ordered an inquiry, upon the £act sstated in the petition.Dame Vi nconne au now peti t i ons the Super i or Council£or a decree o£ permanent separation o£ proper t y ,a certi£icate o£ renunciation to the communityexisting between her se l£ and Jean Bapti steBaudreau ; her r i ght t o r e possess a l l movables andi mmovables, e££e ct s and cattle by her brought tothe communi t y at her mar r iage and an inventory bet aken o£ al l pr oper t ie s , said inventory to r emaini n her possessi on .

(Si gne d) Lenormand£or plai nt i U

Not l i st ed i n Louisi ana Historical Quar ter l y .

57/29

~..- -

YEAR 1752

1 52/ 155

EXECUTIVE SESSI on OF THESUPERIOR COUNCI L

OCTOBER 7

-' ,.,

\

Wer e present:Mes s r s . Miche l , Commission General of Mari ne,

Intendant Commissary and Fi r s t Judge,Dauber vi l l e , Commissioner of Mar i ne ,

Second Judge,Rag uet, Dean of the CouncilLa Bretton, de Lalande. Ker nion andLafreniere , Lateral Judges

Mar i e Ca t herine Vi n conneau, Pl a i nt i f f i nsepara tion of pr operty ,

versusJean Baptiste Baudreau, her husband, defendant

Considering the pet i t i on of plai nt i ff for separationof property, r enunciation to community and reposses­si on of par aphernal pr ope rti e s ,The decree of Council orderi ng an inquiry upon t hefa cts of malconduct of J. B. Baudreau s tated onsa id petit i on ,The of fi ci al report of the deposit i ons of f our wi t ­ne sses a t said inquiry and al l other papers andde eds pe r t a ining to said case,The Council orders that plai ntiff be sepa r a ted i npro perties from de fendant,Certifi cat e be g i ven her of he r renunciation ofcommunity of property existing between her se l f and

/

..)-- -

- 2 -

Sieur Baudreau and consequently her right toretake possession of all IWvab1e s and immovableseffects and cattle br ought ~J her i nto the com­munity at her mar r iage , said real estate,movables and cattle to remain her own pr oper tyas well a s her children's, be expressly for­bidden to Sieur Baudreau under no circumstanceswhat s oever to sell or mortgage said properties,an inventory be taken of all movables and im­movables.

Considering the 0p~n1on of Sieur de Kernion,Act i ng Attorney General since the death of SieurFleuriau, the Council orders decree by defaultdefendant to be resummoned fo r the next sessionof Council •

: l

- 3 -

Si eur Francois Ledoux, Officer of Mari ne s i ngarr i son i~lthis Colony, i n the name of hiswif e , De~ Francoise Fazende , daughter ofthe late Jacques Fazende , f ormer J udge of theSuper i or Council, and the l ate Dame Helenede Mor i er e , plaintiff, for accounting togethervd th the other co-heirs of t he succession,

versusLIr . Lays sard , t utor of the Fazende minor s eman­cipated , defendant

Mr . Layssard having for five year s , enjoyed bylease t he properti es of the suocession of Sieurand Dame Fazende , some of the minor s emancipa tedvd th Sieur Ledoux pet iti onod the Super i or Councilt o ge t an aocounting from Sieur Lays sard, of theadminis t rati on of said suocession,

Considering the af or ementi oned pet i t i on and thedef ens e plea of Sieur Layssard demanding a delayof two m:mths in which to f i l e hi s report, andot her paper s and deeds pertaining t o said case,

The Council orders Sieur Layssard to r enderwi thin two months an account of his administration;Mr . Rague t t o receive said a ccount as wel l as allobjeotions and corrections; his r eport to ber eferred t o the Counci l f or a f inal decree.Costs pend i ng .

- 4 -

Si eur Fuselier de La Clai r e , merchant,plai. ntiff',

versusThe named Et lene , knovln as Colmar,

Colonist, defendant

Sieur Fuselier de La Claire , claiming f r omSieur. Colmar t he sum of 468 livres 3 sols 7deniers evi denced by a prcmissory note datedFebruary 9t h, petitioned the Superior Councilto recover sa i d amount and obtained a deoreeby def'a ult .

Considering the aforementioned promis sorynote and the pet i t i on a nd decree by def'a ult,the Council by agr eement between litigants,orders defendant to pay said amount no l atert han the next month of' December , and cost s .

I )'--

- - ---._--------,

- 5 -

Sieur Jean Baptiste Gar i c , Plainti1'1',versus •

Sieur de Chavoy, Captain of Mar i ne sin garrison in this Colony, in the nameand as tutor of the minor chi ldren 01'Mr . de Noyan, defendant

Sieur Petit having made a deposit 01'. 5000livres f or sa f e kee ping, in care of Mr . deNoyan , sai d deposit evidenced by a pr omissorynote dated November 15, 1745, 2000 l ivres pai don account, acknowlodged by Mr. Petit ' s re­ceipt on said note dated May 1st, 1746, l eav­ing a bal ance due of 3000 livres, Si eur Garicacting f or Sieur Petit petitioned the Super i orCouncil to recover sai d amount from Sieur deChavoy, t utor of the de Noyan minor s ,

Consideri ng the aforementioned pet iti on , thepr omissory note vd th receipt 01' Sieur Petit ,Leavd.ng a ba lance due of 3000 l i vres , opinionof Sieur Kerni on, acting Attorney General s i ncet he death of Sieur Fl euriau ,

The Council or ders Mr. de Chavoy, as Adminis tra­tor of Sieur de Moyan ' s succession, t o pay t he sa i daJrount of 3000 livres as f'oLl.owas 1000 livres nol ater than the l ast day of De cember . 1000 livresno l a t er t han December, 1753, and 1000 livres nol ater t han December, 1754, vd t h interest andcosts on suo ces sion.

- 6 -

r----- --- ----r

",

Claude Chenier , in the name an d married 'to Mario Louise Br unet . minor daughterof the l ate Francoi s Br une t . plaintiff ,

ver sus, J eanne Huber t , widow by se cond nnr r iageof the l at e Francoi s Brunet , defendant

Cons i der i ng the de cree by defaul t issued by theCounci l on petition of pl ai nti f f , order i ng de ­f endan t to render ;;ithin si x weeks an accountof her administration of tho successi on of SieurBrunet , the a ccount present ed by defendantshowin g assets of 1614 livres 14 sols and lia­bi l i t ies of 2442 livres 19 sol s 3 deniers, vd t h

, all answer s and rejoinders of plaintiff f'ollovredby voucher s e.nd receipts of def'endant and _.. 'f inal rejoinders of ' plai nt i f f , a l l other paper sand deeds concerning said pr oceedings . t he opi nionof r . Kernion acting Attor ney Gener e.l s ince thedeath of' Mr . Fl euri au , the Council orders that

To the f i rst arti cle of t he account . whi ch show'Smovables and i mmovables amounti ng t o a s um of'853 livres 12 sol s be a dded the sum of 212 l ivresas a 25 per cent increase, accor ding t o law', 'makinga t otal of 1065 livres 12 sol s which added t o t hese cond article (debts recovered by sai d \vidowafter Sieur Br unet ' s deat h) amounts t o 1824 L 12 S.Ot her arti cles on assets be approved . -Tl'TO articles on expenses totaling 234 livres.Def endant ' s a llowance f or mourning expenses bereduced from 100 livres t o 50 livres .A sum of 200 l ivres f or her preciput and '300 livresfo r her dov~y, a ccordi ng t o her cont ract of' ~Ar­riage, deducted from the community at partiti onbe paid t o def endant,On ar ticle f i f th , t he sum of 1008 i ivres 19 so l spaid f or debts t o differ ent persons be reduced to534 livres, the ba lance r e j ect ed as imaginary debts.

J

)

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Article sixth, 300 livres paid by def endant forplaintiff' s v~fe 's mar r iage expenses, be appr oved .The cos t of r ender ing account be roduce d t o 60livres.The lot of ground and negro, t he only concretea ssets of the community t o be sold a t aucti on ,defendant t o re cover her dovrry, pr eoiput and a l lot her cI ad.ms f r om the pr oceeds , ·a l so the sum of375 l i vre s t o be pa i d t o Fr ancoi s St . Jean, sonof v~docr Br unet 's f i rst husband, as his share ona lot of ground so ld by t he l ate Sieur Br une t ,on order of Council; t he balance to be dividedbetvreen pl ai ntiff and def endant .Al l ot her claims to be non- sui ted, ea ch one tor emain i n pos sessi on of immovabl e s lvhi ch theyol~ed before the i r marr i a ge . Cost on succession.

110 s i gnature s

lIot lis ted in Loui s iana Hi st or ical Quar t er l y .

57/29

- ---------.

#52/157

YEAR 1752

No addressNo begj7!!!1ng

OCTOBER 10

This letter contains doouments pertainingto sales. tl-ansaotions and exchanges.'ll'ritor requests acknowledgment of same toquiet anxiety.Prolll1ses all work he possibly can duringthe year. 1f.l.shes to be reJDlIllIbered. Sendsregards and remains the humble and obedientservant.

(Signed) Benoit

At Pointe Coupee

Hot listed in Louisiana Historical Quarterly.

58/29

. .YEAR 1752

if52/ 158

OCTOBER 14

SUCCESSIon OF MRS . GERVAIS

. ....

J

Account r end ered by Mr . Forti~ Curato r .

To get an understanding of the present r eporti t mus t be stated that after, l~s . Gervai s ' deaththere were eight chi ldren , mos t of t hem minor s ,t he t utorship of whom YJa S entr usted t o LouisLangl oi s , their paterna l uncle , and to Mr .Francoi s Roujot , after ~ . Louis Langl ois ' death.By a deoree of the Supe rior Council, t he widowLangl oi s is i ndebted t o the succe s sion f or thesum of 2900 livres and fOr . Roujot for 1400 livros.The under signed havi ng obt ained an order of court ,sold t~e negroes f or cash and t he real es t at e a ta credit f or eight mont hs .Some of the hei rs denanding a sett l ement of the i rshar e , t he Counci~ or dered a f ul l r eport of thefinanci a l s tanding of the succe s si on .

Reoeipt sRerrsd.nder of Louis Langl oi s tutorship account .

• •Bal ance due b y Wi dow Lang.Lods of effectssold after her husband ' s deathBa lance due by Mr . Rouj ot cn histutor shi p accounb • •• •••••• ••••

Sale of Negr oes

Judici a l sa le of the succe ssi ons la.ve s . • • • • • • • • ••• ••• • • • • •

2900 livres

1425 livres

4840 :j.ivres

;- 2 -

Sale of lots and Rea.L Estat e•

Sale'Sa l eSa l e

ofofof

a housethe plantationf ive lots

" "" " " " " """." " """"

" " " " " " " " "

3650300300

l i vre sII

II

Total

Rental of He gr oe s

42 50 livres

1594 livre s225 II

Paid by llr . Hug on f or r ental ofnegroes f r om Apr i l 5, 1751 , to·the day of sa l e , ••••••••• •.Rent of house f or nine months ""NOTE : Not e of Jar . Benoit deSainte Clai r f ound among thesuocession pa per s a nd pa i d •••• 30 II

)

. .~

Total Re cei pt s •

Expense s

Paid to Ill" . Benoi t de SainteClaire in compliance wi t h theorder of Council of Aug. 5 , 1752-

Court Expens e sPaid to llr . Garic i n suit against

1lr . Rouj o'h """"" """"""""""""""Deeds and summons in the suc-cession settlement •••••••••••••For s evera l summons pai d toShe r iff acccrding to account ren-dered by Mr " Fl euri au """"""" ""Apri l l Oth, 1752, •••••••••••At t or ney f ees to 1ir . Hal o in thecase og llr . Beno i t de Sai nt e Cl aireagainst t he succes s i on ••• • ••• •Funer al of ne gro e s •••••••••••

Total Expens es

32264 livres

2900 livres

120 livres

20 II

10 II

41 II

26 II 5 S7 II 10 S

3116 II 5 S

200 livres

/'

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Claims allowed Wi dow Langl oi sfor co urt expense s ••• •••• ••Same a l lovrnnce t o Mr . Rouj ot f orba l ance due on tut or shi p a ccount ,refusing t o pay despite orde r ofcourt • •••••••••• ••••• •• ••••

Total

1425

1625

"

"

RECAPITULATI ON

Recei pt s •••••••••••• 32264 livresExpens es ..... 3115 L 5 SClaims 1625 4740 " 5 S••••••

Bal an ce i nfavor of receipts of

~For t i e 27523 " 15 S••••••••••••••• •

1754May 16, Receipt

Before the Roya l Notary of thePr-ovfnce of Louis iana , Fr!mcoi s Langl oi s , maj orson of the l at e Etienne Langl oi s and t he l at eCatherine Baudr eau , acknowledges r e cei ving fromMichel Fortier , hi s br othe r - i n- l ay" curator andtutor of Langl ois minor s , the sum of 4100 l ivres4 sols 4 denier s in r eady money f or his share i nthe succes sion of hi s father and mother in f ul lse t t lement except for an undivided tract of l andat the "Prairie du Rocher " at the I llinoi s.

(Si gned) Francoi s Langl oi s

Not l i s t ed in Louisiana His t ori ca l · Quar ter l y .

57/29

Y&\R 1752

# 52/ 1 59

STATEMENT

OCTOBER 21

)

of amount due by the Sieur s Rous i l l onf or f r ei ght of 600 boards on shipIL 'E lizabeth" of LIo.rtinique , Capt . Cadiz,Shipovmer , Jaque IJal vesin, said cargoloaded in Nev' Or leans , consigned toRonder : .

600 Boards making 8! Casks at 130Ronder ' s Commis sion 10%1 note of Flujagnie 100

16 months ' i nt er est at 10% 13 6.11 3 6 .

50% of Exchange 56 13.

Case of Candles

(Si gned) Jaquc Mal ve s i n

1105

8

~ ~ 170

-"""")I ·...--"

Not listed in Louisiana His tor ical Quar ter l y.

58/29

, .'

:.;

YE.AR 1752

#52/ 160

OCT OBER 27

Antoine Sarazin (of' a ge) acting in his nameand that of' his brother, Francois Sarazin,(soldier i nterpreter) in KAnsas,Petiti ons a nd declares that Dame Anne Rolland,vd dow of' their deceased f'athe r , Francoi sSara zin, rema rried t o Sr . Roquancourt , hadnever a ccounted t hei r f'ather 's suooession ,there being pr operties , bot h movable s and i m­movables , belonging to said successi on accord­ing to inventory made .This· considered, pet i t i oner requests saidSr. Roquancourt assigne d to a ppear next Sessi onDay t o r ender account t o said suocessi on andright be made .

(Signed) Sarazin

1752Oct . 28 , Gr anted to summon,

(Si gned) D'Auberville

1752

\Oct. 29 , Return of' service of' notice.

(Signed) La Normand

Not printed in Louisiana Historical Quar t er l y .

58/ 29

r )YEAR 1752

# 52/ 161

OCTOBER 28

~ ) ..

LETTER TO CHAlITALOU,ATTORllEY FOR V,\CANT ESTATES HI LOUISIANA,

FROMTEST./lR I N BORDEAUX.

Tester , ,·m.o is in partner shi p TIith Chantalou,Tlrites about purchases he has made at Bor deauxFair and takes this occasion to forvrerd t hi sl etter saying t hat he wi ll send him by the shi pof Mr . de Ver i guy , leaving next month, thearti cles he has requested.V~iter speaks of his business during the warand of a f our years ' sickness interrupting hisusual trips f or thei r business.Hi s health now restored , he says ,<il l resumesaid t rips and that both being now in a positionof i n creasing their partnership , should vror k withmore vigilance . To that end, he requests hispart ner ' s share of funds (which he will double)and asks to repay him money advanced .Wi shi ng him good health ,

(Signed) Testar

Postsor ipt r equest i ng the message gi ven t o aMr. Henry that wi ll soon =it e adVising him ofthe amcunt invested f or his TIife .

Not listed in Louisiana Historical Quarterly .

58/29

"I

YEAR 1752

fr52/ 162

OCT OBER 28

. ./'\..~

The Sieurs Alexandre and Dubuisson in behalf oftheir wives, Marianne and Ursule Trepagnier ,si st er s of the deceased Ignace Trepagni er, t o­ge ther wi th the Dames Makar t y , Carri ere LaRaide , de Vauberry and Fr ancois Trepagnier, i nsaid capacity, al l sister s and brother of sai dI gnace Trepagnier,Petition be or dered Francois Trepagnier vnlo haschar ge of the est at es t o appear next Session dayt o a ccount all propertie s belonging t o the suc­cession, t his effecti ng by Judi cial sale of a l lmovables , i mmovables and slaves , etc. , t hepart ition amongst said co-heirs -Reque s t ing f or the absent onesAttornoy General conc l usions •

(Si gned) Gari c , holding power of at torneyf or Sr. Alexandre

Roussil l on

1752Oct . 30 , Gr ant ed to summon.

1752Oct . 30 , Return on servi ce of noti ce.

(Signed) La Nor mand

L:.J Not l isted in Louisiana Hist orical Quarter ly.

58/29

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# 52/ 163

CRIMIl\'AL TRIAL OF JEAN DUCOUDRAYACCUSED OF BURGLARY

Preambl e

Jean Ducoudray, soldier of' the Mar i nes , ingarr i son at Kascaskia, having been courtrnart ialed f'or burglary, his case ViaS r ef'erredto the Superi or Counc i l of' t he Province of'Louis iana and all of'f'ici al r ecor ds of' t hearrest, i ndictment, inquiry, trial and de­cree were sent and delivered t o the Clerkof the Superior Council.

1752Oot. 22, Recei pt

Recei pt t endered by Mr .Chantal ou, Clerk of the Superior Counoil, toMr . de Memhr ede f'or all papers and records per­.t aining to the trial of' Jean Ducoudray.

(Si gned) Chantalou

1752 Criminal t r i a l of' Jean Ducoudr ay,July 13, a ccused of burglar y

Off'icial docket of' the ar r est , inquiry,court mar tial , tri al and sentence of' Jean Ducoudray .

Of'f'ici al report of' Captain Demarzilliere toMr e , de Macarty de Mar t i gues , Maj or commandang at~~e Post of' Illinois, of' the ar r est by Sergeant

. Bedague of Jean Ducoudray, known as Poulailler,soldi er of' the Mari nes i n gar r i son at lCascaskiasa ccused of' burglary an d stealing chickens, demand-ing an i nquiry and trial , s i gned by .

Capt ain Demarzil l ier es ..,

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Order appointing Sieur de RouGselet deBoisroger "t o hold an inquiry. signed by

Macarty

1752July 13, Inquiry he ld at llr . de Macarty ' s1fuuls i on by Sieur Jean Bapt i s t e de Rousselet de "Boisr oger. Infantry Lieutenant. acting aid-majorat Kascasld.as and a cting attorney general by ap­poi nt ment of Mr . de Macar ty; Sieur Ber bl osBarr oi s , Cl er k of Court in this district actingas Cl er k of said Court martial .

Tae f i r st ~ntness. Francoise Di di er • •vife ofJoseph Br a zeau . Colonist. t estified that be f oredayl i ght she heard her chickens shri eld.ng and pul ­i ng; not t hinld.ng of anything wrong , she neve rwent t o see. but at daybr eak she f ound a panelof the chi cken hous e broken and s ome vesti ges ofdead chi ckens: nine heads and one headl ess chdcke n ,

J acques Degagne , Colonist. t estified that wh i lesleeping in a t umbr e l he Via s awakened by the squealsof a wounded pig. ran t o" see. but the thi ef runaway carrying t he hog; finally dropped it and es­caped wi t hout wit nes s bei ng ab l e to r ecognize hi m.Could no t t oll whether i t wa s a whit e man or a negroon account of the darkness. could not describe hiscl othe s .

Jean Francoi s Bedague . cal led St . J ean. Sergeantof the Company of Deme."zellieres. testif i ed t ha twhile making his rounds he sarT e i ght chickens boil­i ng in a ket t l e . Complaints having been made bythe colonist s of stolen an:i!nal s , Ducoudr ay was t heonly soldier around. a ll ot hers sleeping he con­cl uded he must have been the thi ef. arrested himand ha d him put in irons.

/

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Va tne s s being ordered t o go vd til Se rgeant GeorgeJoseph Jaquemet , called Ver sai l l e s , of tileReggi o Company and J ean llareau , Se rgeant of theCompany of Neyoz , to the city pr i son and questi ontile ac cused , reports tilat the said a ccused con ­f e s s ed of having ki lled and stolen e ight chickens ,brought t hem to the Company' s bar racks and putthem in a ke t t le t o boi l .

J ean Ducoudray, known a s Foullailler, son ofJean Ducoudray and Anne Mi l l et , a ged 28 ye ars ,native of Jouy l e Montay , Province of Isle deFr ance , tile ac cused t es t i f i ed tilat he broke i n achicken house at tvro 0' cl ock i n t he morning ofJuly 13til, killod and stole eight chickens ,plucked them by the river and put them into tileke ttle to boil , \78.S arrested by Sergeant Bedaguewh o suspe cted him of tile theft , had no a ccomplices ;only wanted tile chicken s to divide tilem wi til tileot her soldi ers. Admits he was branded on ther ight sho ulder vd t h the l etter 'tv" (voleur - tilief )in t he Distr i ct of Beauvai s for the robbe r y of sixfrancs from a f ellow vrorker .

All vd t nesses summoned f or a re-examination andconfrontation, t he ac cused in t he i r presence statedhe had no excepti on s to t ake on the ir testimonies .

Court Martial Tr i al.Ta e cas e cal l ed f or t rial before tile Court martial ,the a ccused hearing rea di ng of a l l pr osecutingmtnesses' depositi ons ; t o questions asked by thepresiding judge , the a ccused answer ed that hestooped . mi l e killlng the chickens t o prevent thebl ood splashing on his clothes , and cut thechickens ' heads off ; he intende d t o divide t hechi ckens wi th the other soI di ers ,

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Demands of Attorney GeneralConsidering the evidence brought at thecriminal t r ial of Je an Ducoudray, accused ofburglary , t he t estimony of Fr ancoi se Di dier whochimed t o be robbed of nine chi ckens , andJ acque s Degagne fo r the l oss of a hog , the con­fess ion of the accused who ,vas found in posses ­si on of eight chickens, his acknowledgment ofbeing a second of f ender, branded with the l et ter''V" a t Beauvai s in Picardi e f or t he t heft of six!iVres. Sieur J ean Bapt i ste Rous sel et deBoisroger , Lieutenant of Mar i nes , acting AttorneyGeneral . demands

that the named J ean Ducoudray, soldier of theMar ines in garrison at Kas cakias , accused , beconvicted on hi s own confe s si on of burglary andbe s ent enced to be hanged and st rangled untildeat h. If there i s no executioner , t o be shotdown,

Si gned byRoss e l et de Boi sr oger

Jul y 15 , 1752

Court Mar t i a l De creeby the King .

1\

Considering the inquiry evidence~ oonfr ontat ionof witnesses , i nterrogatory and answers of theaccused , a l l proceedings of the Cr iminal trial ofJean Ducoudr~ called POulai l l er , acoused of bur­glary while on guard duty, the opinion and demandof Sieur Rosse let de Boisr oger , a cting aid l~j or ,

The Court Martial in session at Mr . de Macar t y ' sMans i on, declared the said J ean Ducoudray i mpea ched

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and convicted of burglary and as branded by theexe cutioner for previ ous theft , condemns thesaid Jean Ducoudray t o be de graded; his processto be r eferred to the Se cula r Cour t s for a newinquiry t o be he l d on hi s cr imina l act , to un­der go the penalty carri ed by the criminal l aws.

At t he Kas caskias , July 15i 1752

By the Court llartial

Barr oi s , clerk

The f oregoing judgment has been read and exe cutedby the soldier s goi ng on gua r d duty on the da yand year af or ement i one d .

Barr oi s , cl erk

Not l isted i n Louisiana Hi st or i ca l Quarter ly.

57/29

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JYEAR 1752

4152/ 164

SUCCESSION OF SI EUR CARl Ton

Pet i tion r or Recovery

OCTOBER 30

Si eur Cariton having in his will stated thatSieur Gari c was indebte d to hi m i n t he sumor 190 livre s, Sieur J acques Cantrell e , t esta­mentary exe cutor or Si eur Cariton , petit i onst he Superior Council t o ha w Si eur Gar i c sum­moned bef'cre the Council t o be order ed t o paythe said amount '\'lit h interest and co s t s .

(Signed)

Permit t o s~con.

(Si gnsd)

S=~accepted .

(Signe d)

Cantrelle

Ruguet

Gar i c

Not printed in Louisinna. Historical Quart er l " .

57/29

YEAR 1752

#52/ 165

OCTOBER 30

SIEUR DUBREUIL, CAPTAIN OF MI LITI A,ver :;us

SIEUR De COUE

Pet i t i on f or Recovery

J

On t he settl errent of a ccounts by arbi t r at i on be­t<roen Sieur Dubreuil and Sieur De Coue , the ar­bi t er s , Sieur Br out in, en<;ineer ; and Si eurGuedon decided t he ba l ance in f avor of SieurCciie ,Si eur Dubreuil , bei ng under the i mpression hewa s indebted t o Sieur Colie , a ccept ed the paymentof a draf t f or 1800 l ivres dra,T.n by Sieur De Couein f avor of Pi ctet and Caminada.On auditi ng the arbi t rator s ' r epor t , SieurDubreui l clai ms that sai d arbiter s over-Lookedcer t ain r eceipts of Sieur De Coue .nli Ch, .d t h ot heri t ems, would make hi m cr edit or of Sieur De CoUe tot he amount of 4538 livres 8 sol s i nst ead of bei ri(;hi s debt or .Sieur Dubr eui l pet i t i ons the Super i or Cottnci l t ohave Si eur De Coue s ummoned befor e the Counci l t obe noti fied that he (Si eur Dubr euil ) having , unde rf a l se i mpression , accept ed the draft payable t oFictet and Caminada , nm~ declares said acceptanceto be null and void as i n the cont rary Sieur DeCoUc i s i ndeb t ed to hi m in t he sum of 4538 l i vre s8 sols whi ch he be orde r ed to pay wi th intere s t andcoaba ,I n the a l t er na t i ve the sett l ement of account s t o ber ef er r ed anew t o arbiter s selected by the litigant sor official l y appointed .

\(Si gned) Gario , At t or ney

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Permi t to summon .

(Si gned) Daubeloville

Summon

Pursuant t o the fo regoing order i ssued on peti­t i on of Sieur Dubreuil , Captai n of Mil i t i a ,Sher iff Lenormand issues and del ivers oOPY ofsaid peti tion t o Sieur Ooiie and summon to a ppearbefore the Counoi l and anm~r said pet i t i on andhea r t he pr oper deor ee .

(Si gned) Lenormand

Not printed in Louisiana Hi s t or i onl Quar t er l y .

57/ 29

JYEAR 1752

# 52/ 166

OCTOBER 31

)

CRIliIN.\L CASE OF JEAN DUCOUTRAY ,ACCUSED OF BURGLARY .

Petiti on of Attorney General .

Honor ab l e Raguet , aoting Attorney Gener al , r epre­sents to the Super i or Counoi l that one J eanDuoout ray known a s Poul lail ler , aooused of bur­glary f or ~mich orime he has been pr ose out ed atthe I l l i noi s by Sieur Ro ssel et de Boisroger , a ot ­i ng a id "Ajor at t ha t pos t , ha s been sent hereand is now i ncaroera te d in the pr isons of thiscityBy J udioi al inquiry, r e-exaroina tions , oonfronta­t i ons and i nter rogatory of the a ooused, it hasbeen pr oved that t he accus ed left his post t o got o a col onis t 's hous e t o ateal some hens , bybrea ldng at night i nto the ohioken house,Furthermore it is pr oved by examinati on t hat hei s an old offender from Franoe , be i ng branded ont he right shoulder wi t h the l et t er !IV" (vo l eurt hief) by t he pUbl i o exeout i oner. .The Court mar t ial a t Illinois having deolar edi tself inoompetent , r eferred said oase to theordi nary Court s of J us tice t o be t r ied aooor di ngto the ordir~oes.As i t i s to the best interest of the State , thePubli c and the King t hat criminals be puni shed ,a J Udioial inquiry and examination .-IUS held inIllino is, a cert i f ied copy of the offioial r e ­port and other pr ooeedi ngs was sent t o theSuper i or Counoi l f or a fina l j udgment .

(cont 'd)

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52/ 166 cont 'd .

As no crime should go unpunished , t he At tor neyGeneral her eby pr esents t h i s peti t i on draTIn asa complai nt demandi ng that the Super i or Cotmcilis sue an order to have the said J ean Ducoutray,knm'm as Poul l ai l l er , br ought bef cre the Co un­ci l t o be heard and inter r ogated over againupon a l l the f a ct s resulti ng f r om the t es t i moniesbr ought out at t he i nquiry at Ill inoi s , certif i edcopies of ~hich have bee n depos i ted i n t he Regi st ryCourt and upon any other f a ct s menti oned i n a l lcertifi ed paper s ; having no ot her \vuy to get di ­r ect evidence , t he se pa~ers ~aving bee n certified400 l eagues (1000 mi l es ) away f r om here and t heinquiry being conducted wi th a l l the fo rmal i t i esr equired by the ordinances.The s pecial commis sioner appoi nt ed to a cquainthimself v~th al l fa ct s befor e inter rogatory ,Of fi ci al r ecord of the t rial wi th a l l confessionsand denial s of t he accused to be r ef erred to t he./j,t t or ney General fo r hi s opinion and to i ssue hi sdemand for the pr oper sent ence .At Nmv Orleans , Oct ober 31 , 1752.

(Si gned) Raguet

Order

The a ccused to be interrogated by !Jr. Dauberville ,second Councillor , i n presence of Mr . Raguet ,Councillor , a ct i ng Attorney Gener a l .

(Si gned) !.lichel

:~ Not pr i nted i n Louis i ana Hi s t or i ca l Quarter l y .

57/29

YEAR 1752

#1327

NOVEMBER 1

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CRDlINAL CASE OF JEAN DUCOUTRAY

Session of the Superior Co1D1oil

Inten-ogatory

Were present:• YeSB1'S de Vaudreuil. Govel'XlOr.

Yiahel. Commissiollllr Gellllral- of J.larine.Intendant; Commissary. First Judge.

De l6embrede. !!ajar of New Orleans.Dauberville. Commissiollllr of llar1ne.

Second Judge.Raguet. Dean of the Counoil, Aot1llg At­

tornet Gellllral.De Kermon, Lateral Judge

The aooused brought from the prison by a picketof riflemen. on being inten-ogated stated:His name is Jean Duooutrq. former soldier of theComps.Jly Delllll.ziliere. in garrison at Illinois.aged twenty-eight years, shoemaker by trade .native of Kontray, Province of Isle de Franoe ,a Roman Catholio, has full oonfidence in the in­tegrity of the jUdges,AclalCmledges he is a second offender and throughweakness of mind, stole ohiokens at Illinois.Being warned that this is his last trial. stateshe has nothing else to ~.Heari1lg reading of his test1I1lO~, acknowledgessame to be the truth, but oamlOt sign, beingilliterate •

(Signed) Dauberville, VaudreuilDe )(embrede. Michel

Hushet de Kerman

Not l1~ed in Louisiana Historical Quarterly.

57/29

/ -')YEAR 1752

#52/167

CASE OF JEAN DUCOUDRAY

Sheritf's Report

NOVEWlER 2

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Jean Ducoudray, sc1dier cf the Karines ingarrison at Kascask:ias, accused of burglary,was tried by court :aartia1, but his case. be­ing a capital cne, was referred to the SuperiorCouncil of the Province of lDuisiaJla..Atter being transferred to New Orleans, Sherif'fLenormand reports thatPursuant to an order from the Council of evendate, issued on petition of Sieur Raguet,At­torney General, accuser and prosecutor, havingpersonally notified said Jean Ducoudray, calledPculailler, at present iJIterned in the cityprison, of having entered his _ in the prisonRegister, said name to remain in said Registeruntil his trial takes place.

(Signed) Lencrmand

Not listed in lDuisiana Historical Quarterly.

57/29

FILE #37NOv . 2 , 1752P. 4I n French .

)

Nov . 26 , 1753

Document NO. 270Box No . 30

Rec eipt execut ed by Chauvi nLe s ueur in r avor of Jung,ro r 1500 livr es, the pu r ­cha se price of one pl a nt a­tion of 4 arpe nts front byus ua l depth.

Bounded on one ' side bypr operty of r.~ . La qot er ean d on t he other , by t ha tof Mr . DeLez-y ,

There is a cl aus e in t hereceipt wh ich provides fort h e r eturn of the money­(t hrough a t hir d party ,Mr . LeBr eton- ) shoul d thesale fal l through on t heSaturday fol l owing the dateof receipt .

(Si gne d ) Chauvin Le Su eur

( On reverse side of receiptis thi s do cument:

Rece ipt executed by Jung inf avor of de Mor alli for 1500livr es, pur cha se price ofsame plantat ion •

(S i gn ed ) J ung.

NOTE : Tran slat ion of both documents pr int edin Louisi ana Hi s t or i cal Quar t e r l y , 1926-27,Vol . 9 , NO. l "'lo Jan. 1926, page 173 , para­graphs 2 and 3 a s part of sui t "Ant oni oBarnabe vs , the de MOr and Mi nor s " datedMar ch , l , 1773. (Not pri nted a s units .)

(1fT)

YEAR 1752

# 1325

NOVEMBER 3

CRIMINAL CASE OF J EAN DUCOUDRAY

Interrogatory

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Pursuant to an order issued by Honor ab l e Michel ,Intendant ColJllllissary, First Judge at theSuperior Counci l , Honor ab l e Vincent GuillaumeSenechal Dauberville, Second Judge, proceededto the interrogatory of the accused.The prisoner, brought before the Council by thejailor, declares his nam;, is Jean Ducoudrayknom1 as Poulailler, twenty-eight years of age,shoemaker by trade, nativa of 1l0nteay, Provinceof Isle de France, Roman Catholic, caroB t o t hisColo~ on the Vessel "l'Infante Viotoire", ar­riving here in July 1751.Wa s arrested at the Illinois for the theft ofeight ch icke ns by breaking into a chicken housesometime after midnight, the robbery was dis­covered by a sergeant on guard who saw the chickenslaying on a t able.Admits he is an old offender, having been wh i ppedand br anded on the right shoulder ,vi t h the l etter"V" (veleur-thief) a t Beauvais in Picardi o f orthe r obbery of s ix l iVl'e s from a r e2lo11 n orlcar .Wa s arrested at the guard house and had no ac­complices.Hearing reading of the official r eport of histestimo~, acknow'ledge s same to be true andcorrect but cannot sign, being illiterate ;vms r emande d t o prison .

Dc uber v.illeChantalou, Cle r k

J.752Nov . 3 , Ttle i'oregoi ng offici al repor t r ef er red to

the At t or ney Gener a l a t NErrr Orlea ns .

DaUbervilleNot printed in Louisiana Historical Quarterly.C:~ /':) 0

YEAR 1752

1

3#0098 X-

NOVEMBffi 6

-r/By Not ar i al Act, Etienne Peryier, formerGovernor of Louisiana, resident of Brest,constitutes as his procurator, Mr. Lange,-r es i dent of Alleman d, to act for him in allmatters pertaining t o the collection of moneyfrom different persons in New Orleans.

Received 12 sols. Brest, Nov. 7, 1752.

-0

(Signed)

(Signed)

PerV1.erGuepret)Martret)

M.

Royal Not ari es

Jean Joseph Benoit Duval Soares, First Judge,certifies the aut hent i ca t i on of above Roya lNot ar i es ' signatures and affixes a seal thereon.Brest, Nov. 7, 1752 .

(Sigried) J. Duval Soares

-April 10, 1753. Sher i f f Lenormand's reportt hat copy of above procuration has been servedto Mr~ -Chancy as Mr . Lange r equested.

(Signed) Lenormand

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In answer to abcve Sher i ff ' s -sunmone as requestedby Mr. Lange, acting for Mr. PerJ'i er , Mr . Chanoydeclares t hat in matter relative to amount dueby the late Mr. de WDyan, acting as tutor forthe de Moyan minors, he found no papers describing

(continued)

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No . 2

t he r eality o f such a debt . Fur t her s tatingMr. de Moyan h ad depos i ted, April 15, 1739,wi th Mr. de La POIlllllBray, Trea surer , the sum of7.700 livres, an d never .r ece ive d a rece ipt thereofthat even should Mr. Perti er ' s cla im be just, atthe present time the said succession is unable tomake any pa yment thereof.

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(Si fi;ned) ChanoyLenormand

Not l i sted in Louisiana Hi s t or i cal Qua rt erl y .

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YEAR 1752

4/52/168

NOVEJ;\BER 6

,

JCSEPH GERARDY, COLONIST A:r BAYCIJ S!. JOHN,versus

CHARLES TARASCON, MARRIED TO llARIE LOUISEGEEARDY, WIDOW OF SIEUR LANGLOIS.

Petition for emcutory performance

Sieur Louis Turpin, in 1734, on his death bedmade a deed of gift to Yarie Louise Gerardyof a tract of land eight arpents front by theordinary depth, faoing Bayou St. John.Sieur Joseph Gerardy, father of Marie Louise,oleared the land, built fences, oabins for hisnegroes and other improvements.The land was used for a long tilDe as a commonutility ground by all the neighbors and a pub­lic pasture for their cattle, the negroes oc­cupying the cabins.Sieur Langlois, first husband of Johrie Louise,being deceased, she married Sieur CharlesTarascon and Sieur Joseph Gerardy P,ermitted themto oocupy the buildings and helped them to cul­tiva.te the ground.Ncw Sieur Tarascon refuses ~ons to trespass onhis land, 110 oattle to graze, no negroes to oc­cupy the cabins, threatening them with bodilyharm.Siour Gerardy petitione the Superior Councilto have Sieur Tarascon summoned before theCouncil to be ordered that the said land shallremain a common utility for petitioner and hisneighbors as previously since its cloaring bypetitioner, cattle allovrod to graze and pe­titioner's negroes to reside in the cabins.

(cont'd)

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If defendant prefers. he may pay petitioner forthe olearil3g of the land and all the improve­ments: fenoil3g of 150 arpents as per oertificateof Bieur Sauoier, engineer. and all buildingsand cabins at the appraisal of experts.

(Signed) Helo. attorney forJoseph Gerar dy

Permit to SUlIlIIlO!h

(Signed) DaubeM'ille

SummonPursuant to the foregoing order. issued on pe­titl.on of Sieur Joseph Gerardy. Sheriff Lenormandissues and delivers oopy of the foregoing petitionto Bieur Charles Lorrain, kIlotrn as Tarasoon. toappear before the Superior Counoil on the nextSession day to ansvrer said petition and hear theproper decree in said case.

(Signed) Lenorm.nd

) Not listed in Louisiana Historical Quarterly.

57/29

/. ""

#1326

YEAR 1752

)

CRIJ<lINAL CASE OF JEAN DUCOODRAY.

Opinion and Demands of theAttorney General.

Considering the official report of the courtmartial trial held at Kascasldas on petitionof the King's Attorney General against JeanDucoudray, laIoun as Poulailler, soldier of theJ,larines in garrison at Kascasldas, includiDgthe bill of complaints of the Attorney Generaland the ' official report of the condition or thepremises at the IllOlIl8nt of the burglary.The official repol"t of the inquiry inoludingtestimoDy of four prosecuting witnesses.Dle writ of arrest of the accused.The official report of the interrogatory of theaccused, with his confessions and his denials,re-examinations and confrontations,The certified copy of the proceedings of thetrial held before the milltary court martial onpetition of the aid Jolajor cf the Jlarines,The decree of the Court martial referring the 'trial of the acoused to the Ordinary courts,Seeing that the accused is an old offenderbranded on the right shoulder with the letter"V" (voleur - thief),All proceedings in conformity to the royalor~ce8 in such oases,Considering also the peti tion and complaintagainst: the accused to be incarcerated andinterrogated anew.The oi'f'icial report of the interrogatory of theaocused with his anlllTllrs, his confessions andhis denials,

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Everything carefully considered and e:mmined.the Att0l'IlSY General. in the %lallI!l of the King.dellllUlds

That the aooused be duly impeached and eea­vioted of burglary and as a second offender.branded by the exeoutioner for theft. that hebe sen'tenced to be hanged to a gallOWll erectedin the public square for that purpose andstrangled until death. that all his possessionsbe confisoated and remitted to whom it 1IJIJ.y con­oem. and if \UlAble to confiscate. the SUlll offive hundred livres be deduoted from them forthe benefit of His Xajesty.

Hade a1; llllll' Orleans. November 10. 1752.

(Signed) Reguet.Aotillg Attorney- General.

Not listed in IDuisiena Historical Quarterly.

57/29

YEAR 1752

#52/171

NOVEllBER 10

PRIVME CONTRACT CF PARTllEllSllIP

)

J

By notaris.l act, at Martinique, Sieur JaoquesJ6a1vez1n, cmner of the Vessel "1 'Elizabeth"and Sieur Clement lloudes, a colonist inLouisiaJlll., entered into a partnership for theexportation of LouisiaJla prodUcts toYartiniqt18, Sieur Roudes paying no freightcharges and the profits to be divided pro ratato each one's 1D:vestment in the cargo.Desiring to extend their trading and to pro­vide for a return cargo. they nake a new agree­ment by private contract specifying that a gen­eral cargo would be boUght at Martinique, orat any other port of calling with the proceedsof the imported Louisia:llA products. and morefunds it Zllloess&ry, the profits derived fromsaid undertaking to be divided as heretoforein pro ratio of each partner's investment.Sieur Roudes paying no freight oharges and noexpenses as speoified in the original oontract.Sieur J6alvesin approving Sieur lloudes in allhis dealings pertaining to said partnership.

J6ade in duplicate at New Orleans, Nov. 10, 1762.

(SigZllld) Jaque Yalvesinlloudes

Not listed in Louisiantl. Historical Quarterly.

67/29

YEAR 1762 NOVliHBER 10

Before Royal Notary at La Rochelle, witnesses,merchants in that oity appeariDg as oreditorswith others appointed Syndios, to the suo08s3ionof the late Sr. Jean Vinier, voluntarily con­stitutes as procura.tor General and SpecialSr. Francois Braquier, merohant in Louisiana. toaot in their DlIIIll!l and withdraw from Sr. ChevallierYacarty, officer in Louisiana, note of 1991 !ivresms.de by Srs. Le.issard Bros•• merohants in saidplace, in favor of Sr. Denis 1lacarty. Captain ofthe Vessel b:l:! nL'.Aurore ~ 'the Dawnn, who onhis departure from Louisiana;. gave said note toSr. Cheval!ier )lacarty for payment of SSJIl!" ao­cording to receipt said Denis Yaoarty has on hand.Procura.tor General is to handle to a oonclusionof note, plus interests and costs. give reoeiptand valid discharge and on refusal compel to ae»count for SSJll9.

Srs. S.yndios agreeing that said note paid. orwhatever issue of it be delivered to Sr. Jaoquede Carayon to whom it belongs, before witnessesand undersigned Notaries of La Roohelle.

Received 12 sols.Pichon

DelavengneL. Guillemot

J

Gabriel Berandin. King's Lieutenant General,certifies abovo named Notaries in La Rochelle.

Berandin

Hot listed in Louisiana Historical Quarterly.

58/29

. t

YEAR 1752

#52/173

. NOVEIIBER U

EXCERPT FRa.! THE REGISTERS' OFTHE SUPERIOR COUNCIL

(

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The King's Proourator General. Acouser.Versus

Jean Duoautray. known as Poulai11er. formersoldier of the Compa.ny of Demazeliere ofthe garrison of Kascas1d.as at the IllinoisPost. aocused of burglary.

Considering the offioial report of the 'prooeed­ings; of the original trial of the aocused JeanDuooutray. held at Kascasldas. and the secondtrial held before the Superior CotmoU. theopinion and demands of the AttorDey General andall other papers and deeds pertaining to saidcase. everything duly considered and oarefu1~

examined.The Superior Cotmo11 decrees the sald JeanDuooutray. laIo;m as Poulailler. duly iJDpeaohed

_and convioted of burglary and sentences him tobe branded on the left shoulder with a fleur­de-1ys. to be flogged at the street .cros s ingsof the oity by the executioner and to serve asgalley-slave on the galleys of the King forthe remainder of his life. his possessions tobe oonfiscated for the benefit of His ~jesty.

The foregoing judpnt to be read and postedwherever it mAy be neoessary.

(Signed) Chantalou. Clerk

1752Deo. 3. Pursuant to the foreg~ order.Sheriff Le!lorJ:land oertifies having publishedand . posted oopies of said jUdgDlllnt at the front

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doors of the parochial Church. the Counal.lChambor and the RegiS'try Court and allother publio places_

(Signed) Leno1"lllUld

Not listed in Louisiana Histori~l Quarterly_

57/29

YEAR 1752

#52/174

,

NOVEUIlER 11

\\\ ). '---"

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Ij

Jean Baptiste Garic, holding power o£attorney £or Sr. Populus de St. Prothss,heir £or his children in the successiono£ Dame Gervais,Petitiona the judges of the Superior Councilto approve accounts rendered by Sr. Fortier, .curator of said succession and give plainti£fwhatever sum may have fallen as share of Sr.Populus' children; said funds to be used toheirs' best advantage.

(Signed) Garic, Procurator

Not listed in IDuisiana Historical Quart er l y •

58/29

(~. ..

, J.YEAR 1752

#52/175

NOVE1IBER 11

SUCCESSION OF IGNACE TREPAGNIER.

Petition for aocounting andpartition.

)

Sieur Ignace Trepagnier having died four monthsprevioU81~ leaving as collateral heir his sis­ters, )(arie .AJme, m.rried to Sieur Alexandre lUrsule. married to Sieur Dubuisson, Dams deMaCll.r~, Dams Carriere. Dams Vaubaney, and abrother, Francois Trepagnier.

All properties being in care of FrancoisTrepagnier, Sieur Alexandre and Sieur Dubuisson,in the nama of their wives, petitioned theSuperior Counoil to have the said FrancoisTrepagnier summoned to appear before the Counoilto render an aocount of said suocession beforeone of the collllllissioners appointed, petitionersto be able to discuss e.IId, if necessary, to beable to answer his reportJ all effeots, slaves,movables and i:mmovables to be sold at publioauction to the last and highest bidder, theproceeds to be divided among the co-heirs.

The Council considering the foregoing petitionand the opinion and demands of the AttorneyGeneral, orders first default against Sieur

.Tr epagnier for non-a.ppearance, the eaae con­tinued, the defendant to be re-summoned for"\;he next Session of the Counoil.Costs pending.

I)

(Signed)By the Council

Chantalou

1752Nov. 17,

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Notioe and SUIIIIIlOn.

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Pursuant to the foregoing order issued on pe­tition of Sieurs AleX9l1dre and DUbuisson,Sheriff Lenormand issues and delivers to SieurFrancois Trepagnier copy of the foregoingjudgment and summon for him to appear beforethe Council to answer petition of SieursAlexandre and Dubuisson and to hear the finaldeoree in the case.

(Signed) I.enormand

Not listed in Louisiana Historical Quarterly.

57/29

YEAR 1752

11328

NOVEMBER 11

EXECUTIVE SESSION CF THESUPERICE COUNCIL.

Criminal Case ot Joan DuooU'tray,known as Poulailler .

lfichelDauberville

,J-

Were PresentsMessrsl de Vaudreuil, Governor

Miohel, Commissioner General otl4ar1ne, Intendant Commissary,

First Judge,De Ilembrede, Major ot New Orleans,Dauberville, Commissioner ot

l4ar1no, SeoODd JUdge,lermon, Lateral Judge

Considering the otfioial reports ot the pro­oeedings ot the orindnaJ trial ot the aocusedJean Duooutray, held at Illinois, and thesecond trial held betore the Superior Council,the opinion and demands ot the Attorney Generaland all other papers and deeds pertaining to saidcase, everything duly oonsidered and carefullyexa:mincd, .The Superior Council deorees the said JeanDucoutray, known as Poulailler, duly impeachedand oolNioted ot burglary and sentences him tobe branded on the lett shoulder with a tleur-de­lys, to be tlogged at the street crossings ot theoity and to serve as galley-slave on the galleysof the King 'tor the remainder of his lite) hisposse881ons to be oonfiscated for the benetit otHis IBjesty.The toregoing judgment to be read and postedwherever it -"i be neoessary.

(Signed) VaudreuilDemembrede

Hushet de Kernion

Not listed in Louisiana Historical Quarterly.

57/29

J ..YEAR 1752

4fsZ/l76

Nom.lBER 11

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SIEOR DUBREUIL versus SIEOR COUE.

Answer

The arbitrators having deoided that SieurDubreuil _s indebted to Sieur Coiie in thesettlellElnt of aooolmts, Sieur Dubreuil pe­titioned the COlmo11 that on the oontrarySieur Coiie was indebted to him in the SUlll

of 4500 !ivres.

AnswariDg said petition, Sieur Coue statesthat sinoe 1735 Sieur Dubreuil has been hisdebtor for large SWIIa of money and being un­able to reoover on aocount of his ill willwas oompelled to sell his residence, furnitureand slaves to pay his own debtlle He is askinglIro Dubreuil to file with the Clerk of Courtan i toml.sed aooount with vouohers and wams

( him to appear personally in Court and not hisattornsy so he can disouss personally .wit h himany objeotions against the said aoeount.

(Signed) Coue

Not listed in Louisiana Historioe.l Quarterly•

57/29

(YEAR 1752

{fs2/177

SUCCESSION OF SIEUR RIVARD'!:

Petition for Family UeetiJlg.

NOVEMBER 11

( )

Pursuant to an order of tho Superior Counoil.Sieur de Kernion. former tutor of DemoiselleRivarde. rendered his aooount of tutorship.but Sieur Dreux, the newly appointed ad­ministrator, refused to disouss said aocountand resigned.Sieur Deoaux. ms.ter:nal unole of the minor. wasappointed but knowing that the suocession oouldnot be settled without a law suit, also refused.Sieur de KerIlioJ;1 petitions the Superior Counoildlm8niling that s. faml.ly meeting of tho relativesand friends of the minor be oonvenl'd before oneof the Judges of the Council to reoeive his re­port, discuslt and act upon it. their deoisionto be referred to the AttOrney General for hisopinion and his demand for a final deoree.

(Signed) Hushet de Kermon

Not listed in Louisiana Historical Quarterly.

57/2~

r >:

YEAR 1752 ·

#52/178

EXECUT IVE SESSION OF THESUPERIOR COUNCIL.

NOVEllBER 11

r)

were presents!lassrs. de Vaudreuil. GoverIlOr.

Michel. Commissary General of the Navy.Intendant Commissary and First Judge.

De Uembrede. lIajor of New Orleans.Dauberville. Commissary of the NavY.

Second Judge.Raguet. Dean of the Counoil, Aoting Attorney. General,de Kernion, I.e.teral Judge,

Petition of Sieur Hushet de Kernion

Pursuant to an order of the Superior Counoil datedAugust 5th, Sieur de Kernion rendered his tutor-

. ship aocount to Demoiselle Antoinette Rivarde,emancipated for the administration of her propertiesbut Sieur Dreux. nlJl'tly appointed Curator. contemplaolJ­ing litigation, refused to receive and disouss saidreport end resigned his lfUnotions.Sieur Coue, maternal unole of the minor, appointed toreplaoe Sieur Dreux, also refused to disouss said re­port for the same reasons, so Sieur de Kernion peti­tioned the Counoil ·to ·order the convooation of afamily meeting to reoeive and aot on his report.The Counoil considering the petition of Sieur deKernion orders that a family meeting be held beforeYr. Dauberville, speoial commissioner, in presenceof the Attorney General for the purpose of re­oeiving, auditing, diBoussing end aoting on thetutorship report of Mr. de Kernion, their reportto be referred to the Counoil for a final deoree.Costs pending.

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Sieur Villars DUbreuil, Sr. Captainof Ilili t i a ,

versusFrancois Coue

Sieur Dubreuil and Sieur Coue haviDg referred thesettlement of their long standing aooount to ar­bitration, the late Sieur Broutin and SieurGuerdon, arbiters, reported the balanoe in favorof Sieur Coue. '

Sieur Dubreuil, under the impression that he wasiDdebted to Sieur- Coue, aooepted a draft for 1800livres dr&.1m by Sieur Coue to the order of Piotetand CamiJlll.da.

Sieur Dubreuil, on closer examination, olaimiDgthat the arbiters had overlooked oertain reoeiptsof said Coue and oonsequently was a oreditor in-

1 stead of a debtor, petitioned the Superior CouncilJ to notify Sieur Coue that he would oonsider his

aooeptance of said draft as null and void andolaiming the SUlll of 4638 livres 8 sols due by saidSieur Coue or that said aooount be referred toarbitration again.

The Counoil, oonsidering the foregoing petitionand anliwer orders that the settlelllElnt of aocountsbetween the litigants be, again referred to arbi­ters, their deoision to be referred to the Counoilfor a final aotion.

It i s further ordered that both IItigants willhave the right to take cognizanoe of all paperspertaining to their olaims or defenoes.Coat peDding.

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Sieur Alexandre, Colonist, married toDemoiselle Karie Anne Trepagnier,Sieur Dubuisson, maried to Demoiselle

Ursulle Trepagnier,versus

Sieur Franoois Trepagnier, Colonist,their brother-in-law.

Sieur Ignaoe Trepagnier, having died four monthspreviously, leaving as oollateral heirs his sis­ters, lIarie Anne married to Sieur Alexandre,Ursulle married to Sieur Dubuisson, Dame dellaoarty, Dame Carriere,Dame Vaubaney and II;

brother, Francoi s Trepagnier,

All properties being .in oare of FrBJloois Trepagnier,Sieur Alexandre and Sieur Dubuisson petition theSuperior Council to have tile said FrancoisTrepagnier summoned to appear before the Counoilto be ordered to render an aooount of said euecea­sion before one of the Commissioners appointed,petitioners to -be able to disouss and if neoessarya.nswer his report, all effeots, slaVes and prop­erties, movables and ilmoovables, to be sold atpublic auotion to the last and highest bidder,the proceeds to be divided among the co-heirs.

The Council orders first default against SieurFranoois Trepagnier, for non~appearanoe,

the case oontinued, defendant to be re-summonedfor next Session of tile Counoil.Costs pending.

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Sieur Jacques Cantrelle asAdministrator of the Suocessionof Jean Cariton. Teilor.

versusSieur Jean Baptiste Gario.

Sieur Cariton, ha.vi~g in his will. statedthat Sieur Geric was indebted to him inthe sum of 190 11vres, Sieur Garic refusingto settle same. Sieur Jacques Cantrelle,Administrator cf said sucCBsllion, petitionedthe Superior Council to recover said. amount.

The Council considering the petition ofSieur Cantrelle and the bill of suppliesfurnished by Sieur ·CIr iton to defendant.sets the amount of said b11~ at 160 11vresand Sieur Garic is ordered to pay said amountwith costs.

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llarie Catherine Vincolmeau inseparation of property with herhusband', Jean Baptiste Boudreau I

versusJoan Baptiste Boudreau.

Dams Marie Catherine VinooJlIlOau in her petition tothe Counoil states that by the foolish profusion,lavishness., extravaganoe and mismanagement of herhusband, Jelll Baptiste Boudreau, she sees herselfevery day exposed as well as her children to atotal ruin, he having sold to the last negro andnotwithstsnding the good prioe he reoeived forsaid negro, he ran into over 1000 livres in debtin New OrlelUl8 and Mobile.Petitioner to be guaranteed in her rights whichshe olaims by her contraot of marriage in her ao­quis i tiona mde wi th the pro oeeds of her labors andsavings, in the preservation of valuables and ef­fects donated to her by her mother during her hus­band's imprisomnent and of' the donations made toher children by her late mother and by Sieurlaville and to seoure herself"and ohildren fromextreme want whioh is threatening them, praysthe Couno11 to ,i s s ue a deoree of separation ofproperties between herself and her husband,Jean Baptiste Boudreau; demands an inquiry I

offering to get witnesses worthy to be believedmo will testify to the bad oonduct of her hus­band and to her patienCe, always hoping he wouldchange for the better and finally yielding to su­perior foroe to file this petition; also re­quests permission to retain possession of thirteenhorned cattle> entered in her contract of marriageand of' two negroes, Uarie and her family, andValentin as ' having been bought with the proceedsof' her labor and savings and her mother's helpand for surety of her dowry of 3000 livres, let

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the house aDd lot which they oocupy in the oitybe mortgaged, and Sieur Boudrelll be forbiddento dispose of cattle given to her children byher mother and lIr. Laville.

Considering the foregoing petition drann as aoompl81nt, the otrioial report of the testimonyof four witnesses at the inquiry held beforeHOIlOrable Raguet, the notice issued by SheriffLenormand giving defeDdant ODS month's time toanswer, the opinion and demands of the AttorneyGenero.l,

The COlmoil orders seccnd default against de­felldant for non-appearanoe aDd as a final deoreeorders that DaJOO l/arie Catherine Vincoxmeau willbe permanently separated in properties tromJean Baptiste Boudreau, her husballd, and conse­quently certificate of her renunoiation to thecommunity is granted to her that she will repossessin full OWDDrship all IIIOVables she broUght at hermarriage, inventory of which will be taken;Sieur Boudreau is fDrbidden to sell, alienateor mortgage them for any reason whatsoever.Cost on defeDdant•

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Sieur Jean Baptiste Gario, proxyfor Sieur Populus de St. Protais,heir to the late Widow Gervais,

versusllichel Fortier, curator of the minorchildren of the late Widow Gervais.

Pursuant to an order ot the Counoil issued onpetition ot Sieur Garic, Sieur Fortier renderedan account of the succession ot Dame Gervais.Said account being hcmolcgated, the share ofeach one of the children heir was valued at1659 livres 4 sols 4 deniers.

The Council considering the petition of Sr.Garic, .the report of Honorable Raguet, SpecialCommiesioner, order Sieur Fortier to pay SieurPopulus de St. Frotus the sum at 1659 livres4 sols 4 deniers as his children' slate IIIOther' sshare in the succession of the late WidowGervais, said amount to be invested for thebest advantage of sa.id minors with the a.pprovalof the Attorney General.Costs on succession.

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Petition of Jaoques Fazende.

The Fazende heirs, brothers and sister, having ob­tained a decree from the Colmoil giving them theright to administer their properties, JaoquesFazende, ons of the brothers, absent when the de­cree was issued, petitioned the COlmoil for the .session of a family meeting to giVB him an equalprivilege with his brothers and sisters.The COlmcil oonsidering the foregoing petitionand the official report of the family meetinghomologates the deoree of said family meeting tobe exeouted in its form and tenor giving 8ieurJacques Fazende power and authority to administerhis movables and to enjoy the revenue of his immo­vables under the curatorship of 8ieur AlexandreVielle the same as the other heirs but not to dis­pose of it until his full majority.

Honorable llichel. First Councillor, having of­ficially notified the COlmcil that the office ofAttorDBy General _s vacant since the death ot!fro Fleuriau, the Council after deliberation con­cluded to be its duty to appoint an able, honestand experienoed man to fill said vacancy with theappointment by His I4ajesty of a new inoumbent.The Council oonsidering the ability ot 8ieurRaguet. COlmoillor. as having aoted as AttorneyGeneral on several cases, entrusts him with saidoffioe with all the prerogatives and functions

. pertai ning to it as it is the Will of His Uajestylmtil the appointment of a new Attorney General.

Not listed in IQuisiana Historioal Quarterly.

57/29

/

JYEAR 1752

#1329

NOVEWlER U

EXECUTIVE SESSION OF THE SUPERIORCOUNCIL.

J

i,

Were presentMessrs. de Vaudreuil, GoveMlOr

lfiohel, COlIIIllissioner General of Marine,Intendant COlIIIllissary, First Judge

Demembrede, llajor of Hew OrleansDauberville, Colllll1issioner of llariJlo,

Second JudgeRaguet, Dean of the Counoil, A.otiDg

Attorney Generalde Kermon, Lateral Judge

Petition of Yr. de Kernion for an aoeounting.

Sieur Dreux and Sieur Decoux , appointed successive­ly ourators to Demoiselle Rivarde after the resigna­tion of Sieur de Kernion, had refused to reoeiveand discuss the ouratorship report of Sieur deKermon, the said Sieur de Kernion petitioned theSuperior Council for an order to have a familymeet~ assembled to reoeive, disouss and to takeaotion on said report.The Superior Counoil, considering the foregoingpetition, and the opinion of the Attorney Generalorders that a family meeting, members seleoted bysaid minor, be assembled before Mr. Daubervillewith the assistanoe of the AttOrney General forthe purpose of reoeiving and disoussing the ao­oount rendered by Yr. de Kernion.

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Sieur Dubreuil versus Sieur Coue

The late Sieur Broutin and Sieur Guerdon, arbitershaving deoided Sieur Coue to be '!he oreditor inthe settlement of aooounts, Sieur Dubreuil pe­titioned the Superior Counoil olaiming that '!hearbiters ho,d erred by overlooking some of SieurCoue's receipts and Sieur Coue denied said olaim.The COUnoil referred the deoision to a board ofBJrbitrators.

Sieur Dubreuil seleoted Sieur I.esassier. SieurCoue noml.nAted Sieur Darbin and the Counoil ap­pointed Sieur Duverges, engineer, as umpire;their deoision to be referred to the Counoil fora final deoree. The litigants to have aocess toall papers, costs pending.

Alexandre Vill'l and Dubuissonversus

Francois Trepagnier

Sieur Ignaoe Trepagnier having died, his prop­erties in oare of his only brother, FranooisTrepagnier, his sisters demanded an aooountingand settlement.

The Counoil rendered a judgment by default,defendant not appearing and oonsequently con­tinued the case, Sieur Trepagnier to be re­summoned at the next Bassion of the Counoil.

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Sieur Cantrelle, Testamentary Exeoutorfor Sieur Cariton, Tailor,

versusSieur Jean Baptiste Gario.

Sieur Cantrella ola1llling the sum of 190 livresfrom Sieur Gario as speoifiad in Sieur Cariton'a,wiU,The Counoil, acoording to the litigants' agree­mant, reduced said amount to lSO livres.Sr. Gario was ordered to pay said amount withoosts.

Yarie CatherillB Vinoonneauversus

Jean Baptista Baudreau, her husband

Petition for separation of properties.

Sieur Jean Baptiste Boudreau having by mis­oonduct and mismanagement squandered some of theaneta of the Community, his wife, Jolarie CatherineVinooD!l8au, petitiomd the Superior Council fora dissolution of community and a separation ofproperties.

The Council orders a jUdgment by default againstdefendant for non-appearanoe, grants petitiomrseparation of propertias from her husband and aoertifioate of her renunciation to the community,gives her power and authority to taka possessionof all her own movables owned by her before hermarriage as per inventory. Sieur Baudreau being_pressly forbidden to sell or dispose of ~ ofthem, costs on defendant.

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)

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Sieur Jean Baptiste !lario, Proxy forSieur Populus de St. Proteet,

versusIlichel Fortier, Curator for the Suo­

oession of Widow Gervais.

Sieur Gario having in the name of Sieur Populuede St. Protest demanded from Sieur Fortier areport of the euooession of Dame Gervais, SieurFortier's report shows that the share of SieurPopulus' mi:aor children in said suocessionamounts to 1600 livres.The Counoil homologates the report of SieurFortier and orders that .the 1600 livres belong­ing to the minors, their ' late mother I s share inthe suocession of Widow Gervais be invested totheir best interests. Costs on suocession.

Petition of Jacques Fazende forEmanoipation.

The Fazende minors having been emanoipated byorder of the Superior Counoil, Jacques Fazende,one of them absent at the time, not inoluded inthe decree, peti'!'ioned the Superior Council foran· order to 09011 a family meeting.

Considering the opinion of the Attorney General,the Counoil homologates the deoision of thefamily meeting, Sieur Fazende being emancipatedunder the curatorship of Sieur Alexandre Vielleto enjoy the use of his movables and the revenuesof his 1mmovo.bles, but not to sell or dispose ofthem until his full majority.

(Signed) lliohel

Not listed in Louisiana Historical Quarterly.

57/29

)YEAR 1762

/52/179

NOVEMBER 11

Dame Catherine Fierre, widovi or the late Sr.Gauvry, (living) Commander or troops maintainedin this Colo~, states that Sr. Gauvry, herhusband, having died without justioe rormalities

, there being children of two lIl!UTiages and wish­ing to diseolve their .cOll1lllunity,Petitions inventory or all properties, movablesand immovables, belonging to said suocession betaken in presence or the Attorney General andproceeds to division amongst co-heirs or theirrather's succession.

(Signed) Destrehan (in charge)

) 1752lIov. 11, Approval or Attorney General.

(Signed) Raguet

1752Nov. 12, Permit ror inventory prayed ror.

Miohel

(J !{ot listed in Louisiana Historical Quarterly.

58/29

YE1IR 1752

#1330

NOVEUBER 11

)

j

The Council assembled at which meeting W8represent:

Sr. de Vaudreuil, Gov:ernor of the Province, ­Sr. de Membrede, Major -of the City,Sr. Dauberville, 2nd Collllll!lJ1der of the Marinas

Sr. Michel having deolared the office of theAttornoy Genoral of the King vaoant by thedeath of Sr. Fleuriau, shows that a man ofprobity and experience should be chosen.The Counoil resolute and eleot in said funotionSr. Rague :lrwhose capaoities are known, and willsucceed until such time as his Majesty shallhave made an appointment.

!hde in the Chamber of the Counoil.

(Signed) Michel

Not listed in Louisiana Historioal Quarterly.

58/29

YEAR 1752

#52/180

NOvmBER 11

The Superior Council of IDuisiana. ondeolaration of Mr. Miohol that the offiooof Attorney Ge:caral to the King being va­cant by tho death of Mr. Fleuriau, providedof said oharge, It would be neoessary forthe King's servioe as well as for the publicto ohoose a person of probity, able and ofexperience •On Vlhioh deliberation, Sr. Hague}; is eleoteduntil appointment of suooessor is made bythe King.

By the . Couno11(Signed)

Chantnlou

Not listed in IDuisiana Historioal Quarterly.

58/29

(

YEAR 1752

4f52/181

NOVEMBER 11

(Signed)

I '

EXCERPTS FROM THE REGISTERS OF THESUPERIOR COUNCIL

Petition of Dame Catherine Pierre.

Deoree

Dame Catherine Pierre having tiro sets ofchildren, in her petition to the SuperiorCounail sta~d she muld like to annul theoommuni.ty existiDg between herself and herchildren, but there beiDg no deoree settliDgthe suocession of her late husband, Sieur deGaU'n'it, she demands- an inventory of all herproperties, movables and immovables, in orderto erreat a partition.

The Counoil oonsidering the foregoing petitionand the opinion of the Attorney General, orderS'that permission be given to petitioner to haveinventory of her properties, movables and im­movables, taken before Sieur Dauberville, SeoondJudge and the Attorney General.

By the Council

Chantalou, Clerk

J Not listod in Louisiana Hi s tor i oal Quarterly.

YEAR 1752

52/182

SUCCESsrON OF SlE1JR GERBE

Procuration

NOVE1lBm 13

J

The late Sieur Gerbe trading, while living, withthe Vessel "Is. Ch:iJnene" commanded by CaptamRossal, died, leaving a balanoe due or 1054 livres17 sols 7 deniers to the said vessel.The Honorable Joseph Pasoaud, resident or LaRochelle, honorary president or the Treasury orrioeot that generality distriot, rormer owner andtitter ot said Vessel "Is. Ch:iJnena" by notarialaot berore two royal notaries, Messrs. Solleauand Desbarres, grants a procuration to SieurLouis AnthoinEl de Calongne, resident or N0l'1Orleans, giving him power and authority to reooverrrom widow Garbe, holder or administrator ot SieurGerbe's succession, the sum of 1054 livres 17 sols7 deniers, to use all legal proceedings for therecovery ot said sum and to give tull and valablereooipt and discharge for same and it necessaryto transfer said proouration to other agents;said procuration to be in force until its revoca­tion; the procurator to be expected to renderfaithful account to oonstituent or all amountllreceived.Made and passed at Is. Rochelle at the residenceof said Sieur Constituent.

November 13, 1752

(J(Signed) Pasoaud

Collated at IA RochelleNovember 13, 1752

Received 12 sols.Pichon

Desbarres »NotariesSoIleau

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1752Nov. 13. Aut..l:ientioation

Gabriel de Deraudin. Esquire.lord of Passyrompeay. Lieutenant General of theSenechal's jurisdiotion (Judioial Distriot) andJudge of the Presidial (District Court) seat ofthe City and Command of La Roohelle. oertifiesthat Messrs. SoIleau and Desharres whose signa­tures appear""on said proouration are bona fide,royal notaries of the City and Government of LaRoohelle. "

In faith of which they have hereby set their sealand signatures.

", At La Rochelle at Our Mansion

JNovember 13, 1752.

(Signed) Daraudin

Not listed in Louisiana Historioal Quarterly.

57/29

YEAR 1752

#52/170

NOVEllBER 13

J

Before Notary Royal, Pierre Couturier, Surgeonin Swiss Regiment. and his spouse. FrancoiseLe Kintreok. acknowledge being indebted to Sr.Jean Baptiste Destrehan, ~reasurer of theMarine. for merohandise given them to sell.Commission paid, leaving sum of 4669 livres 10sols 7 deniers which they promise and obligatethemselves jointly or separately to pay. if notbefore. as soon as peltries they are expectingfrom Atteoa{:80s reaches them, declaring to havehalf of the interest in that trade at Atteoapas.for which security mortgages all their property.inoluding the rent of a house to Sr. Gachinardfor 7000 livres beg,nning on the 15th day oflast Ootober. all peltries and other effeotsfrom Opelousas and Atteoapas and espeoially anegro woman named J4arion and her daughter Marie,to be sold or hired only to oonolude said pay­ment.

Sr. Destrehan present acoepts and promises:debtors execution of obligation in every re­speot, before witnesses.

(Signed) Chantalou, Notary

) Not listed in Louisis.na Histor1ce.l Quarterly.

56/29

(

)

#52/183

YEAR 1752

Letter written at IA Rochelle,signed Rasteau Sr., Rasteau Jr.to Sr. Chantlllou at New Orleans.

NOVEl.IBER 15

f)

The writer states he has not heard from Sr.Chantalou sinoe March 3, 1750, and trusts .that he and Sr. Michel have aooomplishedsomething to help his misfortune by a.ettlingsome of the affairs in their Colo~, and be­llevos if not able to do so, . in oreditora'ill will. .He entreats them to increase all efforts toend said affairs. Requesting what is duehim entrusted to Sr. Billoteau, Captain ofthe Ship "L'Union", equipped for the Colo~

by his son, J:r.Wishing oonolusions to quiet his mind, andhoping to hear from him, eto.

(Signed) Rasteau Sr., ·Rast eau Jr.

Not listed in Louisiana Historioal Quarterly.

58/29

(I

' .'.#.52/184

YEAR 1752

,PETITION FOR RECOVERY

NOVEUBER 17

Sieur Chauteau. Im1kgeper. paid SieurLacassaghe. sailor on the Schooner nl'lleureuxAlDin the SUIII of 250 11vres on account ofsalaries due by Sieur Jean Hillard. <l'lnier ofsaid sohooner. Captain Rinard giving SieurChauteau his promissory note for said amount.Captain Rinard having sold his schooner atauotion. the proceeds of said sale were de­posited by order of the Counoil in the RegistryCourt subjeot to any olailll that may arise.All the funds belonging to Captain Rinard layidle in the Registry Court and Sieur Chauteauhaving obtained a judgment on his note. CaptainRinard petitioned the Superior Council demand­ing that Sieur Chauteau be paid off said fundsderived from the sale of the sohooner as saidnote was issued in paymelIt of expenses on saidvessel. the balance of ' said funds to be returmdto Captain Rinard. their rightful OImerJ SieurChautell1l to be ordered to appear in Court to betold to aooept said amolmt.

(Signed) Rinard

Permit to summon. (Signed) Daubervillo

SummonPursuant to the foregoing order issued on pe­ti tion of Sieur Jean Hillard. Sheriff Lenormandissues and delivers a oopy of said petition teSieur Chauteau and a summon to appear beforethe Counoil to answer said petition and hearthe proper decree in the case.

(Signed) Lenormand

,,'"Not listed in IDuisiana Historical ~rly.

57/29

IXHIDlENT 52/185(- - - - - ------- -~-- -~--- -

YEAR 1752 NOV. 17

SUCCESS ION 0 F JEAN CARl TON, TAWR,PETIT ION FOR REOO VERY.

Si eu r Ni co l a s Chauvin Boisclair, being in­debted t o t he late Si eur Jean Cari t on in t hesum of 220 livres f o r supplies, Sieu r J acquesCant r e lle , testamentary ezeCQto r of the saidJean Cariton, petitions t he Super i o r Councilto Have Si eu r de Boisclair summoned beforet he Court to be or de red to pay the said amountof 220 livres wi t h 'int e r e s t and cost. '

(Signed) Cantrelle

Permit to SUl1llIlOn

)YEAR 1752

(Signed) Dauberville.

DECE1IllER 28

J

Pursuant to the foregoing oIuer issued onpeti t i on of Si eur Jacques Cantrelle, _Sherifflbrin Lenormand issues and delivers to Si eu rNi c ol a s de Boi s cl a i r , copy of t he aforesaidpe t i tion an d s ummo ns to appear i n court,answer said pe t i t i on and hear t he pro per decreein the case.

(Signed) Lenormand.

Not printed in Louisiana Historical QQa r t e r l y .

57/ B

.:

YEAR 1752

#52/ 186

PETITION FOR RECOVERY

NOVEMBER 17

Sieur Lagrange, merchant, holding a promissorynote for 238 livres dated August 31st sameyear, signed by Sieur Colmar, saddler, petitionsthe Superior Council to have Sieur Colmar sum­moned before the Council to be ordered to paythe said amount of 238 livres with interest andcost.

(S igned) Lagrange

Permit to summon.(Signed) Dauberville

Nov. 18, SummonPursuant to the foregoing order

issued on petition of Sieur Lagrange, merchant,Sheriff Lenormand issues and delivers t o SieurColmar, saddler, copy of the aforesaid petitionand summon to appear in Court, answer said pe­tition and hear the proper decree in the case. ·

(Signed) Lenonnand

1753July 3, Second Summon

The Superior Council havingrendered a decree by default against Sieur Colmar,and the case .be ing continued, Sheriff Lenormandpursuant t o the fDregoing decree issued and de­livered summon to Sieur Colmar to appear in Courtand answer pet i t i on , copy of whic h was deliveredto him on November 18, 1752, notifying him thatwhether present or absent, final decree will berendered by the Council.

(Signed) Lenonnand

Not listed in Louisiana Historical Quarterly.

YEAR 1752

lXl CUMENl' 52/167

NOV, 27

C)

•.'.

oJOSEPH GIRA1lDY, CD LtNIST AT BAYOU ST. JOlIN

. versusCHARLES TARASCD N, MARRIED ro lOUISEGIRAllDY, Wr:ooW OF S IEUR LANGlO IS .

ANSWER

Siear Louis Turpin, on hi s death bed, i n1734, made a donat ion to Louise Girardy oftwo tracts of land situated at Bayou st.John, one tract which he had purchased fromJean Brunet, known as Bourbonnais, by privatedeed, dated August 22, 1731, and t he ot herone from Jean OliVier, also dated Augus t 21,same year, said deeds oonfi rmed and sanc­tioned by JIa s t e r Pl a ce , No:lI8ry at !lUnc is,and ll.as t e r Jerome Rousselet, Not a ry at Fortde Chartres; appro ved by Mr . Dar t ague t t e ,said titles now in care of Si ea r Graveline,Father, mo must remit them to Louise Gira rdy .

Louise Girardy, after t he de ath of her husband,Si ear Lenglo i s, hav ing rna rr ied Charles Tarascon,Si ear Tarascon too k pos se s s i on of t he l and anif or bi d anyone to trespass on i t, claimi ng soleownership, ready to prove i t by deeds.

Siear Joseph Girardy, Father of Louise Gira r dy ,in a pet i t i on to the Superi or Council, c l a ims tohave cleared and cul t ivated said l and, fen ced inani built cab ins fo r negro es , the land beingused as a public parking and g r a zing ~.un4 forall neighbors cattle, denanding that SiearTarasco n l et t he l and be a public uUlity groundas hareto fore , or t o pay for the impro vemen t s .

cont'd •

/'

)

Sheet 2

In his answer Sieur Tar a s con states that whan Sieu rGi r a r dy claared the land it was only a Savages'camping ground, vh i ch oost him very little to i m­prove. On the oontrary by felling the trees forhis benefit he ruined the land completely, havingduring eighteen year s , whi l e saving the trees on hisown land, taken all the t i mber away, SO you cannoteven find fire wood or logs to repai r the fences,erecting -f ences only to par k his om cattle and forhis own utility.Si eur Girardy has built cabins on said l and,and stillbuilt some no later than eighteen month s ago] hasnegroes living in t hen for the pa s t ten years.Wha t business has hi! to e r ect buildings on someoneelse's l and?

Sieur Girardy says that said oonation is null and voidas no t being reco rded, and that said pretended donationwas only made -to befriend respondant's wife, which mustbe co rrect, as donations are only .made under an obliga­tion.lie also says t hat t he said donation wa s made unde r con­sideration of one hundred ecns (300 livresl, pa i d bySieur Gira r dy to Sieur 'l'urp i n : that statement demandsconf'Lrma t Ion,

As Sieur Turpin was not capable of deceiVing five pe r son!he must certainly, during his life time, have gi ve nSieur Girardy a receipt, and there are no -l i Vi ngwi t ne s se s to testify to t hat transaction.

He also says t hat he has threatened negro es tres­passing on the :and with bodily harm, wh i c h is ab­surd as the negroes are not responsible f or t heirmasters' quarrels.

Respondent claims t o have suffered considerabledamages , especi a lly dur i ng this l ast year , he no thaving ha r vested a single bean.

cant 'd.

, "-.

)

Sheet 3

Petitioner demands the appointment of a councillorto inquire upon the facts mentioned i n the presentcomplaint, and all pap e r s and deeds herewithattached, and that S i eu r Girardy, or anyone else,be enjo ined fro m interferring wi th pe t i t i one r inthe po ssess ion of his land, or i n his Labora ,under penalty 0 f pund shment prescribed by theordinances.

NO,vember 27, 1752

(S i gned) o , Tarasco n

Not listed in louisiana Hi s t o r i ca l Qua r ter ly.

57j B

YEAR 1752

GIRARDEAU versus DURAND

N<JVE1.filFX 27

Petition tor reoovory

Sieur Noel "Pellerin (location unnamed) holdinga promissory note for 4500 livres from SieurFranoois Durand, IIlDrohaJIt at NEll'/' Orleans. is­sued a proouration for the reoovery of saidsum (proourator ,mnarned).Sieur Louis David Giraudeau. the holder ofsaid proouration by entailment, having failedto recover said amount amicably. petitions theSuperior Council to have Sieur Franoois Durandsummoned before the Court to be ordered to paythe full amount of said note with interest andoosts. ·

Permit to summon.

(Signed) Giraudeau

(Signed) Michel

J

SummonsPursuant to the foregoing order issued onpetition of Sieur Giraudeau, Sheriff Lenorrnandissues and delivers to Bieur Franoois Durand.merchant. copY of foregoing peti-tion and sUlIllWnS-to appear before the Counoil to answer said pe--tition and hear the proper decree in the case.

(Signed) Lenorrnand

No-t liswd in tDuisiana Hisi:orioal Quarterly.

57/29

#52/188

YEAR 1752

SUCCESSION OF PIERRE I.e ROY,KllOWN AS FERRAND.

NOVEMBER 29

,)

Petition for Aocounting and Partition.

Francois Jourdain as husband of Francoise I.e Roy,petitions the Superior Counoil stating that afterthe death of her father, the late SiElUr PierreI.e Roy, she remained under the tutelage of hermother, Claudine Grison, who married after withAntoine Darrede who as husband took oharge ofthe administration of the properties left bythe deoeased Pierre I.e Roy, inventory of whichwas taken.As she is now of majority, she can enjoy ofher rights under the authority of petitioner.Demnd that Sieur Darrede be summoned to appearin Court to be ordered to render aocount, inthe name of Dame Claude Grison, his wife, ofall properties, movables and :1JIImovables, be­longing to the suooession of the late PierreI.e Roy kn01llD. as Ferrand, before one of the Coun­oillors appointed, said properties to bejudicially sold. the prooeeds to be divided be­tween the heirs.

(Signed) Jourdain

Permit to summon.(Signed) Miohel

SummonPursuant to the foregoing order issued on petitionof Sieur Francois Jourdain, SherUf Lenormand is­sues and delivers to Sieur Antoine Darrede, oopy .of the foregoing petition and summon to appear be­fore the Counoil to anuwer said petition and tohear the proper deoree in the case.

(Signed) I.enormancl

Not listed in Louisiana Historical Quarterly.__ 1_-

YEAR 1752

#52/189

NOVEMBER 29

(Signed) Melineau

IfJ" ~

CAPTAIN MELlNEAU versus SIEUR DAUNOIS.

Petition for exeoution of Contraot.

Sieur Charles Melinaau, Captain of the Vessel"La Uarechal de Broglie de Nantes", havingcontracted with Sieur DaUllOis, Colonist, fora cargo of timber ·t o be delivered during themonth of Ootober, on the 20th of said monthsent his veseel to Sieur Daunais' plantationto be loaded but found the timber in a defectiveand unmarketable condition and refused to load.

As the time specified in the contract is aboutto expire, Captain Melineau petitions HonorableMichel de la Rouviliere, CollJlllissioner Generalof Marine, First Judge of the Superior Counoilto have Sieur Daunois sUlDlllOned before the Courton speoial Session to be ordered to deliver pe­titioner, within twenty-four hours, the quantityof timber contraoted for, if not. to authorizepeti tioner to purchase said timber at e:n:y plaoefor Sieur Daunois' accountJ Sieur Daunois to beordered to pay all expenses caused by the delayand fer salaries and board of crew and allothel;" damages.

OrderTwo arbiters to be appointed by litigants toexamine and estimate Sieur Daunois' timber,an umpire to be selected in case of disagree­men'!;J their official report to be transferredto Honorable Michel for a final decree.

(Signed) Michel

)

)

- 2 -

Summon

Pursuant to the foregoing order issued onpetition of Captain Charles 1lelinelll1, Sherifi'LenormaDd issues aDd deliwra to Sieur Daunais,at his plantation, seven leaguos (17 miles i)distant copy of foregoing petition ani summonto appear before Honorable Michel to answersaid petition aDd hear the proper decree inthe case.

(Signed) Lenormand

Not listed in Louisiana Historical Quarterly.

57/29

( . .#52/189

YEAR 1752 DECEMBER 10

CAPTAIN I.IELINEAlJ versus D.AIJNOIS.

Petition for execution of Contractand Damages.

Pursuant to an order of Honorable Michel is­sued on petition of Captain Melineau. SieurDaunais appointed Sieln' Coupery. merchant.and Captain llelineau appointed Sieur Chaperon,colonist, as arbiters to examine and estimateall the timber intended for the cargo of theVessel liLa Marechal Broglie".

)In their official report dated the 7th instant,the said arbiters stated that after a carefulexamination, only tvro pieces of timber warefound to be in sound condition and marketable;all the rest was rejeoted as defeotive.

Captain Melineau claiming that Sieur Daunoishad had time to provide another cargo of soundtiJnber, petitions Honorable Michel de 1&Rouviliere to have Sieur Daunois sU1IllllOned be­fore the Court to be ordered to reimburse hiJnfor all expenses incurred by his delay in sail­ing. salaries and board of crew from the day ofthe expiration of their contract until the lcad­ing of the vessel and all other damages to bearbitrated by experts and good judges.

Melineau(Signed)

Petitioner demands also to be permitted topurchase, at Sieur Daunois' account at anyplace where he can find some, the quantityof tiJnber neoessary; Sieur Daunais to be re­spoIUlible for all accidents caused to the shipby its delay.

)

- 2 -

Deo. 15. Permit to summon.

(Signed) Miohe1

1752Deo. 16, S1lIIIIIlOn

Pursuant to the foregoingorder issued on petition of Captain Charles!lelineau of the Vessel aLe J.larecha1 de Broglie".Sheriff Lenormand issues and delivers to SieurDaunois, at his plantation, seven leagues(17 miles !) distant, oopy of foregoing peti­tion and summon to appear before the Cotmoi1to answer said petition and hear the properdeoree in the case.

(Signed) Ienormandi

Not listed in Louisiana Historical Quarterly.

57/29

YEAR 1752

#52/189

DECEMBER

PROCEEDINGS FOR EXECUTI ON CF CONTRACT.

AnS1ver to petition

Sieur Daunois, Colonist, having received officialDOtioe of the peti tion filed by Captain Melineau,promptly answered as follOlVll:

Sieur Goudeau having been advised by letters fromSan Domingo of the arrival of a vessel fromNantes to get a cargo of timber, proposed SieurDaunois to provide said cargo by the 15th ofAugust.Considering the proposal a "good business"venture,b,e immadiately entered into a contract and order­ed his negroes to cut down the trees. In a shortwhile he had enougn timber, good and marketabloin all respects, ready for the cargo and more be­side.Captain Melinesu I s vessel, who acoording to SieurGoUdeau, was due in a few days, only arrived onthe 15th of September.During that time there were heavy rains and hotwaather, engendering swarms of flies which pri ekedthe timbers but DOt damaging the heart nor thequality of them.Captain Melineau on his arrival was invited severaltimes to call at the plantation and inspect thetimber, but always declined the offer withoutstating any reasons.On October the 24th, the vessel oommanded by thesecond officer arrived at the plantation, but theoffioer, 'on being shown the timber, refused totake the responsibility of loading same aboardhis vessel and returned to the city with aletter of Mr. Daunois addressed to Captain

I']

- 2 -

Melineau offering him to have the timbar ap­praised by two arbiters, he seleoting SieurCoupery, Captain Melineau's friend.Sieur Daunois was very muoh surprised, inanswer to his letter, to see Captain Melineauappear with a sheriff' delivering to him a writof Court ordering him to deliver on the leveeopposite the vessel the quantity of timberspeoified in the contraot. Within six daysnine hundred pieces of timber were piled upat the required plaoe.Captain Melineau having notified the arbitershe would not aooept e:tJ¥ pricked tiJnber, thearbiters told Sieur Daunois that while they con­sidered his timber to be good and sound, he oouldnat cOmpel Captain Melinew to aooept it on 6.0-

, count of those small puneburea ,Sieur Daunais desiring to settle the matterwi thout e:tJ¥ litigation or chicanery, offeredCaptain Melineau the timber at his own price.but Captain Melineau refused.After being apprised that Captain Melineaucould not sail before the 15th or the 20th ofJanuary, Sieur Daunois still trying to avoidlitigation, offered to deliver a whole new car­go of timber by January 5th or 6th.Sieur Coupery, one of the arbiters, oonsideringthe proposition a very reasonable one, notifiedSieur Daunais of Captain Melinoau's aooeptancestating that it Captain Uelineau brought anymore objeotion, he wuld be the first one totestif'y in Court to the bad faith of saidCaptain.Sieur Daunois resolved to saorifioe everythingto rid himself' of suoh worry, ordered all hisnegroes to the swamps, water to their knees,and the negroes animated by the rough deal

- gi ven to their master, within twenty-fOur hours,out down and delivered two hundred pieoes of

(Signed) Daunois

)

- 3 -

.timber on the levee beside those le!'t in theswamps.During; that time the crew of the vessel loadedonly eighty pieces whioh is proof enough theyhad more mrk than they could attend to.The second officer in oomnaJld admitted beforowitnesses that he \'Ias making a full report tothe captain and that the ves~el "''8.S not readyto receive cargo uiltil the ~nth of Decemberon vihioh day forty pieces 'of timber were layingon the levee opposite said vessel.Sieur Daunois demands that Captain Melineau benon-suited in his claim for damages and for e7.­penses incurred by salaries and board of orew,and sentenced to costs of Court, also to be or­dered to accept and to load the five hundredand fifty pieces of timber to be delivered tohim sound and marketable, according to theterms of his contraot.If on acoount of bad weather or some unforeseenaccident, Sieur Daunois is not ablo to deliverthe full 9.IlJJunt of timber before the sixth ofJanuary, order that some new experts seloot,from the tMl thousand piecos laying; on theriver short, enough piecos to fulfill the saidcontract up to the fiVe hundred and fcrty piecesrequired.

Not listed in Louisiam. HistoricsJ. Quarterly.

57/29-

~---

#52/190

YEAR 1752 NOVEMBER 30

LETTER OF TESTAR IN lA ROCHELIEto

CRANTALOUP IN NEW CRLEANS'"

Tester who is in partnership with Chantaloup,merohant in New Orleans, by the present ad­vises him of a shipment of' two oases of armsand a abest of -artioles stated on bill hereenclosed, adding bill of lading of said cargoby Vessol "L'Aimable Marie" - Capt. Raoul, Sr••or Jean Raoul.

Letter dwells on their business, refers to.other shipment. At first opportunity givestatement of money advanoed, money received on

) acoounts and urges partner's share of funds.

Writer recommends his affairs with the lateSr. Girbe, urging Chantaloup to act in thematter as would for himself and enolosing anote of Mr. Le Chevallier Dabin to be recordedon failure of having acoounted same.

Let1:er ends with writer's most perfeot eon­sideration for Mr. Chantaloup and his wife.

(Signed) Testar

-'.

Not listed in Louisiana Historioel Quarterly.

58/29

# 52/ 191

. .YE1lR 1752 DECEMBER 2

. '~J SESSION OF THE SUPERIOR cotmcn. ,

Succe s s i on of Noe l Pel l ang

De cr ee

Si eur Louis David Gira udeau, mer chant atNew Orleans, holding procurati on from SieurPierre Boudet , merchant at La Rochelle , byentai lment ; Sieur Boude t holding procura­t i on from Si eur s Jean Charles Tamisierand.Andi:-e C-igon , Di r e ct or s at the Hospi talof Saint Savournain in, Provence (France)

ver susFrancois Durand, Merchant

\~

Sieur Noel Pe1lang , former resident ofMar t i nique , holde r of a pr omissory note f or4500 livres dated from Saint Pierre, Martinique,October 9 , 1747, signed by Sieur FrancoisDurand , by note-r ia.! aotpassed before Vl1' .Fouguos , Notar y at Saint Savournain on May 31,1751 , willed a nd qoqueathed said note t o t heHos pi tal (E'dtel Dfetl) of Saint Savournain.Sieurs Jean Charles de Tamis i er and AndreGigon, Directors of said hospital, by notariala ct passed be for e Mr • .Fougues on 1~y 9, 1752,gr ant ed a procuration t o Sieur Pierre Boudet ,merchant a t La Rochelle , gi ving hdm power andauthority to r e cover the amount of said note .Sieur Pierre Boudet, by notarial act passedbefore Mes sr s . Fl eury and Crasson, Not a r i e sat La Rochelle, on June 14, 1752, grantedprocuration t o Sieur Louis David Gi r audeau ,merchant at New Orleans, gi ving him poorer andauthority t o recover f r om Sieur Francoi s Durand

(cont ' d )

I

~..

( )

- 2 -

for account of the Hospital of Saint Savournain4500 livres, vd t h interest and 'costs, theamount of Sieur Noel PeH ang ' s note vd lled tot he said Hos pital .Sieur Gir audeau having failed to re cover saidamount amioably, enter ed aotion against SieurDurand.

Considering copy of Sieur Durand' s note recordedand registered at Mar sei l l es , July 5, 1749,Copy of Sieur Noel Pel lang 's vd l l dul y legalizedon May 15, 1752 by Mr. Ant oine Rousset , Ci viland Crill'.inal Di st riot J udge at Saint Savournain,The procuration granted by Messr s . Jean Charlesde Tamisier and Andre Gigon, Di r ector s of theHospi tal of Saint Savcurnain, to Si eur PierreBoudet duly legalized 1~ 15, 1752,The procuration granted by Sieur Pierre Boudett o Sieur louis David C-i r audeau duly legalizedby Mr. Berau din, Di striot JUdge, at La Rochelleon June 15, 1752,Copi e s of al l aforenamed legal deeds deliver edto Sieur Durand by Sher i f f Lenormand, onNovember 28th,

The Council orders deoree by default a gainstSi eur Fr !lllcoi s Durand f or non-appearance, tobe re-summoned f or the next session of theCouncil. Cos t s pending .

(Signed)By the Council

Chantalou, Cl erk

1752Deo. 23, Notice and summon

Pursuant to the foregoing orderissued on petition of Sieur Loui s David

~ Giraudeau, proxy by entailment for Sieurs de

(cant' d)

').

- 3 -

Tamisier and Gigon, Directors of' the Hospitalof' Saint Savournain, Sherif'f' LenormalJd issuesand delivers to Sieur Francois Durand copy of'said petition and also sunmon to appear bef'orethe Oo=cil at the next session day and answersaid petition and hear the f'inal decroe in thecase.

(Signed) Lenorn=d

Not listed in Louisiam Historical Quarterly.

57/29

YEAR 1752

SESSIon OF THE SUPERIORCOUNCIL.

DECEI.lBER 2

Le.freinere •

,)

Wer e present:Mes s r s . de Vaudreuil, Governor.

Miohe l , Commissary General ofMarine, Pres ident •

Daubervil l e , Commissary of Marine,. second Judge,

La Bretton, de Kernion andLateral JUdges,

Raguet, Attorney General.

De or ee s

Joseph Gir a r dyversus

Charles TarasoonThe Counoil. hearing all testimonies and At­torney General's opinion, ·de or ees plaintiff tobe non-suited in all his demands and ordersparties to live in better understanding; permitsJoseIil Girardy to remove a.ll negro oabins whiohhe has built on said land and speoially reoom­mend s to Tarasoon end his wife to shorr respeotdue their f a t her . Costs pro-rated.

Captain Jean Hynardversus

Sieur ChouteauThe Counoil, hearing all testimonies, ordersthat the sum of 251 livres be paid to SieurChouteau from the funds proceeding from thesale of the schooner/ deposited in the Registry

(cont1d)

I:")

I. "") .,

2

# 1331 cont'd.

Court; the surplus of said funds to be re­mitted to Captain lIynard by gi ving goodand sufficient security; the Clerk of Courtto receive good and valable discharge.Costs on Captain Hynard.

Alexandre Viel and DubuissonverSUll

Tre~gnier

Considering the deoree by default alreadyrendered, the opinion of the Attorney General.the Council hearing all testimonies. ordersSieur Trepagnier to render ·an aocount of hillbrother's suocession within one month.

Sieur Girardeau versus Sieur DurandThe Counoil orders default against defendantfor non-appearance to be re-sl.1llllOOned to appearfor the first Session of the Counoil. Costspending.

. Sieur Dubreuil versus Sieurs Me s sager and!Ii che l Fortier

The Council orders default against Michel For t i erfor non-appearance; the writ of attachment.against funds in his care, to remain in foroountil full settlement of the case. Cost pending.

(Signed) !!ichel

Not listed in Louisiana Historical Quarterly.

57/29

YEAR 1752

EXECUTIVE SESS! ON OF THESUPER! OR CrnmCIL.

Were present.

DECEMBER 2

\

IJ

Messrs. ' de Vaudrcuil, Governor,Michel, Commissary General of the

Marine, First JUdge,Dauberville, Commissary of the Marine,

Second Judge,Raguet, Acting Attorney General,La Bretton, Kernion and Lafreniere,

lateral Judges • .

Joseph Girardy, Colonist at Bayou St. J ohn, ·versus

Charles Tarasoon, aoting for his wifc, MarieLouise Girardy, widow of Louis Langlois.

Aooording t o petition presented by Sieur Girardy,in the year 1734 a dona tion was made to hisdaughter, Marie Louise Girardy, by the deceasedLouis Turpin of a traot of Virgin land, measuringeight arpents front on Bayou St. John, by the or­dinary depth; said land having been cleared, en­olosed and buildings plaoed thereon; in faot, im­provod as it is today at the expense of plaintiff.Sieur Girardy claiIIls that said donation is nulland void,

First - because it has never been recorded ,Seoondly - ·if plaintiff would have let saidland lie f allow for the past eighteen yearssince the donation 7IB.S made, it would have beengranted to any one for the asking and conseq!1ll]1tlythe donation would have been valueless. •

,)

~ ------- - ---- - ~

- 2 -

Plaintiff claims ownership of said land bytight of first oooupancy and that donationwas in consideration of 300 ecus (900 livres)paid by plaintiff for Sieur Turpin's aooount.

Plaintiff demands that said land be used as apublio pasture as heretofore and that allnegroes be given the right to oooupy theircabins as they have enjoyed said right sincethey were built. or let Sieur Tarascon pay forall improvements.

The Counoil considering the foregoing petition.the answer filed by Sieur Tarll.scon and the deedof gift of said land dated May 11. 1734. passed

.by Yr. Roasard, Notary, both litigants' testi­monies and the opinion of the Attorney Generalin the casll' orders that plaintiff be DOn­suited in his demands and that both parties livein better understanding and speoially thatTarasoon and his wife shOw respeot due theirfather.

Sieur Joseph Girardy is permitted to remove allnegro cabins he has built on said land.

Cost divided.

-3-

Sieur Hynard. Captainversus

Sieur Ohcubaud, Colonist

Captain Hynard having signed a note in f'avorof' Choutaud f'or the sum of' 251 livres f'or anamount due said Choutaud by a sailor namedLa Cassaigne f'rom the Schooner "Les deux Amis"said sum to cover wages due La Cassaigne byCaptain Hynard. owner of' said Schooner.

JJ; Captain Hynard sold the schooner. it wasordered that f'unds proceeding f'rom said salebe placed at the Registry Court f'or the pro-

. taction of' f'urther claims.

As no claims have arisen. Captain Hynardprays that said f'unds be released and thathe be allo-oVed to settle with Choutaud accordingly.

Council orders that 251 livres due Choutaudbe paid him f'rom the f'unds deposited in theRegistry Court and surplus f'unds to be givento Sieur Hynard and Registry of'f'ice be givenreceipts in f'ull. Hynard to pay costs.

._------ - ---

- 4 -

Sieur Alexandre Viel, Colonist, in thename of his \'lifo, Marie Trepagnier, . andSieur Dubuisson , in the name of his wife,Ursule Trepagnier,

versusFrancois Trepagnier, their brother-in-law.

Sieur Ignace Trepagnier having died four monthspreviously, the administration of his successionleft to his brother, Francois Trepagnier,Sieur Alexandre Viel and Sieur Dubuisson petitionthe Superior Cotmcil praying that Sieur FrancoisTrepagnier be ordered to gi ve an account of hisbrother's succession, all movables and immovablesto be sold judicially and the proceeds dividedamong the heirs, including Dama de Macarty, DameCarriere and Dama de Vauberey, also sisters ofthe deceased. .

The Cotmcil oonsidering the fore going petitionand first deoree by default ordered, ordersthat Sieur Francois Trepagnier gi ve an accountof the succession of deceased Ignace Trepagnierto co-heirs of said succession within one month.Costs pending.

(

)

)

- 5 -

Sieur Louis David Giraudeau, merchantat NEll'T Orleans, holding proouration fromSieur Pierre Boudet, merchant at LaRochelle, by e::ltai1Jnent; Sieur Boudetholding procuration from Sieurs JeanCharles Tamisier and Andre Vigon, Di ­rector s of the Hospital ·' of saint­Savournin, i n Provence (Fr anoe)

versusFrancois Durand, merchant.

Sieur Noel Pelleng, former resident ot Martinique,h older of a promis s or y no ta f or 4500 l ivresdat ed from St. Pierre Martinique Ootober 9, 1747,signed by Sieur Francois Durand, by notarial actpassed before Mr. Fouguea , Notary at St.Savournin on May 21, 1751, willed and bequeathedsaid note to the hospital. at St. Savo~.

Sieurs Jean Charles de Tamisier and AndreGigon, Directors of said hospital, by notarialact passed before Mr . Fougues on May 9, 1752,granted a procuration to Sieur Pierre Boudet atLa Rochelle giving him pO\7Elr and authority to re­oover the amount of said note.

Sieur Pierre Boudet by no tari a l act passed beforeMessrs. Fleury and Crasson, notaries at LaRochelle on June 14, 1752, grant proouration toSieur Louis David Giraudeau, merchant at NewOrleans. gi v i ng him power and authority t o re­cover from Sieur Francois Durand, f or acoount ofthe hospital of St. Savournin, 4500 livres 'Ili thinterest and oosts, the amount of Sieur NoelPelleng's note willed to the said hospital

Sleur Giraudeau having failed to reoover saidamount ami cably, entered a otion against SieurDurand .

,I

)

....:

- 6 -

Considering copy of Si eur Durand's note, r e­corded and registered at Marseilles July 5, 1749,Copy of. Sieur Noel Pelleng's will dulylegali zed on May 15, 1752, by Mr. AntoineRoussat, Ci vil and CrilniDAl Distriot Judge atSt. Savournin,The procuration granted by Mes sr s . Jean Charlesde Tamisier and Andre Gigon. Di r ect ors of t heHospi tal of St. Savournin. to Sieur PierreBoudet. duly legalized May 15, 1752,The procuration granted by Sieur Pierre Boudetto Sieur Louis David Gi raudeau . duly legalizedby Mr. Beraudin. Di s t r i ct Judge at La Rochelleon June 15. 1752.Copies of al l !:.forenamed l egal deeds deliveredto Sieur Durand by Sheriff Lenormand onNovember 28th.

The Counoil orders deoree by def a ult againstSi eur Francois Durand for non-appearance, tobe re-sUDmlOned for the next Session of theCounoil. Cost s pending.

.' - 7 -

Sieur Claude J oseph Villars Dubreuil.Signor Captain of Citizens Mil i t i a ,

versusSieur Messager. Colonist at I llinoisand Michel Fortier. Gunsmith in thiscity. Curat or of the sucoessions ofEtienne langlois and his wi fe . }/.ari eBoudreau.

Sieur Vill ars Dubr euil having endorsed a note ofSieur Messager . in favor of Sieurs Piotet andVoisin f or 2492 l ivres 10 sole, was or der ed topay same by deor ee of the Council of September 7.1743. wi t h 12 livres oosts.

Having been informe d that Sieur Messager \'19.S toreoeive funds befallen to his wife from the suo­oessions of Etienne langlois and Mari e Boudresu.his wife. said f unds in care of Sieur MiohelFor t i er . curator of said suooessions. SieurDubreuil prays for a deoree ordering Sieur Mes sagerto pay said amount of 2492 11vres 10 sols wi.th in­terost and costs ·,md an order of attachment againstall · i'ulids belonging t o said suooessions, in care ofSieur Fortier. up to the amount of his clai~.

The Council cons idering the foregoing petitionorders first default against Sieur For t i er fornon-appearance and the attachment against saidfunds to stand for the next eight months fromthe day of the delivery of notice. Costspending.

' )

- 8 -

Isabelle, free negres s:, plaintiffby petition.

The Counail, aon::ddering the opinion of theAttorney General, orders that the effeots men­tioned in the inventory made after the deoeaseof Jean Baptiste Gon de Chavannes be deliveredto the said Isabe11e and daughter (said effectsbeing of little value) in payment of their sez-­vioes to the said de Chavannes.

Sieur Alexandre Baure, Coloxiist

Petition for homologation of adonation•.~ )

l: J Dame Marie IAbranche, widow Verret, having byaontraat of marriage passed before Mr. Henry,Notary, on AU6Ust 23, 1749, made a donation toSieur Alexandre Baure of a ohild I s share to betaken from her paraphernal estates, aooordingto the oustom of seoond marriages,The Council considering the opinion of tho At­torney General, homologates said donation tobe exeouted in its form and tenor, said dona­tion to be recorded in the registers of theClerk's offioe which was done instantly FolioNo. 54.

(- 9 -

\- .. :~ .

Francois Armand Duplessis,Colonist

Petition for homologationof donation.

Sieur Duplessis and Marie Sautier, minordaughter of Jaoques Sautier, by contract ofmarriage passed before Mr. Henry, Notary, onAugust 23, 1749, Dade an irrevocable IlIUtualgift to -the survivor of all properties, movableandillm1Ovable, acquired in community duringtheir marriage time to be enjoyed by the sur­vivor in full ownership.

The Counoil considering the opinion of theAttorney General, orders said donation to behomologated to be executed in its forn andtenor. Said donation to be reoorded in the

j ' Registy offioe, which v,as done instantly,Folio No. 54.

No signature

Not listed in .Louisiana Historical Quarterly.\1 :

.:>57/29

-----,

52/194

YEAR 1752 DECEMBER 7

l .J CM'TAIN MELl NEAU versus SIEUR DAUNDY.

Report of Arbiters

Sieur Daunoy having contraoted to supply CaptainMelineau with a cargo of timber f'or his Vessel"La Marechal de Broglie", Captain Melineau re­f'used to aocept the cargo tendered as def'eotiveand entered aotion against Sieur Daunoy for theproper fulfilment of his contraot,The Council having referred the deoillion to ar­bitrators, Sieurs Joseph Chaperon, a ppointed byCaptain Melineau, In d Jean Couprie appointed bySieur Daunoy·, report that af'ter visiting and ex­amining said timber on the levee, of the firstf'orty pieces which they had carei'ully exa.minedon the four sides, only two were sound and mar-

. ketable and the rest of the cargo Was not con­sidered sound and marketable aooor ding to theterms of the contract.said opinion hereby delivered to stand aooordingto law.Sieur Chaperon, being illiterate., makes his ovmmark.

(Signed) J. Couprie

ordinary markX of'

J oseph Chaperon

~ Not listed in Louisiana Historical Qusrterly.

57/29

YEAR 1752') 4 pages

)

D 52/ 1 95

DEC:i!1IBEa 12

ANSWER OF DESILLE'rS ON SUMMONSGIVEN HIM BY PETI TI ON OF SIEW

PHILIP .

Desillets does not deny buying fo ur ne­groes f r om sr. Phili p ; he say s norrever ,t hat it wa s agr eed bet ween t hem t ha t hecould return to vendor , any negro Ylhowa s found s tricken of an incurabl edi sease ; and the negr o who died , havingh imself admitted that he had been suf­fering from lung trouble for many years.De s i l l e t s , therefore, asks Counci l torender him justice and compel Si eurPh i l i p t o deduct price of dead negroand pay costs.

Not pr inted in Louis iana Hi s t or i cal ~uarterly .

(19)

#52/196

YEAR 1752 DECEMBER 20

,)SESSION OF THE SUPERIOR COUNCIL.

Captain Charles Melineauversus

Sieur Daunoy, Colonist

Were present:Messrs. de Vaudreuil, Govornor,

Dauberville, Connnissary of Marine,Second JUdge

De Membrede, Maj or of NEnv Or leans,Kernion, lateral Judge,Raguet, Attorney General,Mr. , Michel, Connnissary General of

Marine, second Judge, died Dec. 18th.

.__.

~"

Sieur Daunoy, Colonist, by contract dated August13th of the present year, bound himself to de­liver to Sieur Charles Melineau, m~er and Cap­to.in of the Vessel liLa Marechal de Broglie" nolater than the next month of October a cargo oftimber.l'lhen the vessel arrived at the plantation, thetimber was refused as unsound and unmarketable.CaptainUelineau entered action against SieurDaunoy demanding immediate delivery of goodsound timber according to contract or the privi­lege to purchase said timber elsewhere at SieurDaunoy's risk and cost claiming damages for de­lay in sailing and for expenses incurred fororEnv's salaries and board.Sieur Daunoy in his answer states that rightafter the signing of the contract he had thetimber ' piled on the levee ready to be loaded,

(cont'd)

(

'J

I-:»

- 2 -

but the vessel only came one month later.During that time warm and rainy weathercaused swarms of flies to set on. the timberand by their depredations caused apparent butnot real deterioration of said timber.Sieur Daunoy offered Captain Melineau the tim­ber at his own price, but the latter wantingonly first clas~ timber, refused.Sieurs Couprie and Chaperon, arbiters appointedpursuant to a deoree of the Council, while find­ing the timbers in fair condition after examiningthem on the four sides, were compelled by orderof Captain Melineau to reject all but tiro piecesas spotted and pricked, consequently not soundand narketable according to contract.Sieur Daunoy being apprised that CaptainMelineau could not sail before the middle ofnext January, offered to deliver a full cargofrom freshly cut trees and set his negroes to 'work to have the timber ready on time.The Council considering the petitions ofCaptain l!elinec.u, the defence of Sieur Daunoy,the official report of the arbiters, all testi­monies heard and the opinion and demand o'f theAttorney Genera.l, deorees:That by common consent between litigants,defendant delivers to plaintiff, before the 8thof January next, the 550 pieces of timberspecified in their contraot and by common con­sent also, a reduction of one sol per foot oftimber to be made 'as indemnification; theplaintiff is allowed ,to hasten hi~ shipping,to take whenever it Will be convenient up totwo hundred pieces of timber which he can loadin his vessel.Plaintiff is ordered to notif'y defendant whenvessel is laden, so said defendant can stopthe- supply.Costs on defendant.

(cont'a)

- :3 -

All s her iff s and sergeants are hereby re­quired t o issue the proper notices and other

"\ papers r e quir ed for the execution of fore-/ going de cree.

Made in the Council Chamber . at New Orl eans .December 20 . 1752 .

By the Council

No signature.

J

Not l i s ted in Louisiana Histor ical Quarterly.

57/29

"j

YEAR 1752

OOC. 1332

DECEMBER 2J

EXECU'l'I VE SESSION OF m E SUPERIO RCOUNCIL

Wer e present: Me s s r s . deValldrellil, Govemor.Dallbervill e , Commissary of theMar ine , Se cond Jlldge.DeMembrede, Ma j o r of New Orleans.DeKem i on, Lateral Judge ,Ra~et, At t orney General

(Miche l , Fir st Judge , Di e d De c . 18t h . lS i e llr Charles 1lelineall , Capta in 0 fthe vessel: (LeMarechal de Broglie)

ve rsusSi ellr Daunoy, ~o lbnist .

Sieur Daunoy contracted to del i ver a cargo oft imber t o Captain Mal i neall , bIlt the latt er r efusedto accept the timber offered to him as defect ive,and entered action agai nst S i e llr Daunoy f o r thedeli very of a cargo of good , sound, marketabletimber, claiming damages for los s of time andexpenses incllrred for salaries,and board of crew,dllri ng sa id t iDle. .

Cons idering the pe t i tions and defences of t helitigants, the COllnci l , by t heir .co mmon consent,o roers that defendant del i ver to pla intHf, befo rethe 8th of January next, the 550 pieces of t i mberment ion ed i n t he i r cont r ac t , am by common consentalso a redllction of one sol pe r f oot to be ma de asindemnification; t he pla intiff is allo wed/to hastenhis ' stowage, to take whe r eeve r it will be convenient250 pieces of t imber, wh i ch he may load in hisvessel, and to notify defendant whenever he wi l lhave a fllll cargo loa de d ab oard hi s vessel, so de­fenda nt can stop the supply. Cost on defendant.

(Signed) Daube r Vi l l e .

Not listed in Louis iana Hi s t o r i ca l Qua rte r l y .

57(B

,)~ YEAR 1752

PRcrrEST

DECEMBER 23

\j

Sieur Couturier, surgeon, atter mortgagingon llovembe·r 3rd a house and lot to SieurDestrehan for 4889 livres 8 sols 7 deniers,tried to sell said property.Yr. Jean Baptiste Gario, in the name ofSieur Destrehan. before Sheriff Lanormanddeolarss and enters a protest against saidsalo deolaring that only a jUdicial salewould be legal and if the private sale iseffected, it must be for cash and the amountof.Sieur Destrehan's mortgage paid in full.

Certificate of deolaration to stand aooordingto law, grantod to Sieur Gario.

(Signed) Lanormand

Not listed in Louisiana Historioal Quarterly.

57/?:3

n lAR 1752

- ., -- .. --, .....-

DECEl.ffi ER 23,

PETITION Ilf RECO VERYSIEUR J!SAN BAPTI STE DESTR!!lHAN,

TREASURER OF IfARINE ,versus

SI EUR PIE RRE COUTURIER, SURGEO N,.UiD DAME FRANIPI SE LEKINTRE CK,

HIS WIFE.

Si eu r Jean Bapt i s t e Des t r eha n, treasurer o f t he1~rine , petitions t he Supe r i or Council, sta t i ngt hat he i s the ho l de r o f an obligation f or 4889livres, 10 so l s , 7 deniers, da t ed 10vember 3rdl ast, signed by Si eu r Pi e r r e Couturier, surgeonof the Fourth Company of the Kar re r Swi s s regiment,and by Frantoi se LeKintrek, his wi f e , said obli­ga t i on secured by a third mo r t gage on a housebought by sa i d Couturier fro m Si eu r Me ds i ngue :The first mortgage for 2000 livres, hel d by Sieu r1!eds ingue , a s bala nce due on the pur chase pr i ce ;the second mo r tgage for 5000 livres he l d bySi e ur Chantal ou.

Pe t i t i oner is info rmed that S i eur Couturier isabout to sell t he house f or 7000 livres to clearthe t wo first mortgages; furthe rmore it is saidthet t he house is sold for more than 7000 livres,but Si eu r Coutur i e r , by agre ement wi th the pur­chaser, will pa s s t he act of sale for t ha t amo.untonly, by so doing annuling pe t i tione r ' s lIXl r tgage.

Si eur Destrehan, ro na i de ring t ha t S i eu r Couturi e rintends to de fraud h im f rom t he surplus of thesale price of said house , he s filed a pr o t e s tagai nst said sale until the execut ion of hismortga ge, 0 r t he full se t t lement of t he obl igation.As there are three mortgages on said house it wouldbe proper to let it be so ld judicially to the lastand highest bidder, s o pet i t i one r can receive thesu rp l u s above t he othe r t v{) mor t gage s .

oon t'd .

Sheet #2.

Pet i tioner demands t ha t t he protest alreadyfiled be sust ained a ccording t o law unt ilthe exti nction o f his mo r tgage , end that SieurCouturier am his wife be summored to appearbefore t h e Council to be or de r ed t o pay petition­e~' the sum of 4889 livres , 10 sols, 7 denie r s, wi t hi n tere s t and cost, am that said house be soldJudicially.

(Signe d) Geri c , f o r Pe titioner.

iPEmlIT '10 SlTfftWNPro TEST SJSTAINED.

(Si gned) Daubervil le

YEAR 1 752

SUMl.DN

DECEMBER 28,

Pursuant t o the foregoing de cree, i ssued onpetition of Si eur Jean Baptist e Destrehan,Treasurer of Ma r i n e , Sheriff Leno rmand issuesan d delivers to Sieur Fr all90 is Couturier,Surgeon of the Swi s s t r oops , and to h is wi f e ,

copies of sa id pet i tion o f their obli gation,and of Si eur De s t rehan' s protestl a l so , 9llIlIOOnSto appear bef o re the Council on Sa t ur day . January13, next, to answer sai d pe tition and to hear theprope r decree in the case. .

(Si gned l Leno rmand.

No t printed in louis iana His to r i ca l Quarte r l y .

57/ B

YEAR 1752

#52/199

PETITION IN RECOVERY

DECEMBER 26

·J ean Villeneuve and his partner Jeanversus ---

DOIla.

Sieur DOIla having contracted ~or the repair andre~itting of a schooner, Sieur Jean Villeneuveand his partner, Jean , oarpentors,worked ~or him, one ~or the period of sevenmonths and the other ~or three months at thesalary of one hundred livres per month each.As the schooner, chartered to Don Manuel Sanchezis about to sail, Jean Villeneuve and his part­ner petitioned the Superior Council to have SieurDOIla summoned bef'or-e the Court to be ordered topay them the SUlll o~ one thousand livres less what­ever they have received on aocount and that a writof a 1;taohment be issued against any f'unds in oareof Don Manuel Sanchez ~or account o~ Sieur Dalla,up to the amount of their claim.

(Signed) Garic ~or petitioner

Permit to summon andPermit to a1;taoh funds in oare o~ Don Sanchezup to the amount o~ the claim.

(Signed) Dauberville

1752Dec. 30, Notice of Attachment.

, - ) Pursuant to the ~oregoing order-J issued on petition of Jean Villeneuve and part­

ner, Sheri~f Lenormand issues and delivers toDon Manuel notioe of attachment o~ all funds inhis care belonging to Sieur DOIla, said ~unds tobe delivered to Jean Villeneuve and partner up tothe amount of their ol.ai~

(Signed) Lenormand

- 2 -

1753January 4, SUJIlIIlon

Pursuant to the foregoingorder issued on peti tion of Jean VilleneU'Teand partner, Sheriff Lenormnnd issued and de­livered to Sieur Doua , carpenter. at his plan­tation on the lower Bayou st. John, two leagues(five miles) from the city, a copy of said pe­ti tion and notifying him of the writ of attach­ment i.ssued against all funds in care of Donsanchez, to be paid to Jean Villenouve andpartner, up to tho amount of their claim, alsosummon to appear in Court and answer said peti­tion and hear the proper decree in the cass.

Not listed in louisiana Histori.cal Quarterly.

57/29

YEAR 1752

Doc. t~52!200

D:aJCEMBER 28

SlJ CCESSION 0 F JEANNE TREliANT,'VIF:!: 0 F LOUIS BRAZIER.

PETITION FOR ACCOUNTI NG.

)-

Jeanne Tr enant , de ca a se d twenty-five years,leaving too minor children , an inventory ofher properties wa s taken only last AUgtls t ,dissolving the cOlllllJllnity existing betweenherself and he r husband Louis Br a zie r .

Francois Heery, Si eur Dup lantis, married toMa del e i ne Br a zi e r , de siring to recove r hiswife ' s sh are of he r mo the r 's succession, pe t i tionsthe Superior Council, demanding that Si eu r IDu isBrazi e r , known as Tourangeau , his father-in-law,be summoned t o appear in court to render anaccount o f the community properties accord i ng tothe inveniD ry taken lately , sei d report to bebrought be fore one of the Councillors to be audit­ed and discussed, an d ·a n ea r l y partition be madeas soon a s pos si bl e between the heirs, Made l ei neBr a z i e r , wife of pe t i tione r and Louis Br a zi e r ,her bro ther, now of age and entitled to en joy t hem.

(Signed) F. Hery

YEAR 1753 JANUARY 3rd.

PERMIT TO SUMlJON

(Signed) DauberVille

ove r .

YEAR 1 7522 page s

D 52/ 201

PErITION

DECEMBER 29

i)

Pet i t i on of Joseph Phi l i p , Capt ainof t he ves sel St e . Anne of Bor deauxsaying that having sold to Si eurDezi l l et s of t his City three negr oes"Pi ece s d ' IOOes" f or the s um of 1200l ivr es apiece , sa i d Si eur Dezille t sclaims a r educt ion on sale of negr oesas one of the negroes died . Suppl i antcannot agree to this as the contr actbetween t hem did not provide for abovecomplicat i on .

Suppl i ant therefor e , praya Super i orCounc i l to summon Si eur Dezillets toap pear and compel him t o pay suppli­ant amount of dead negro- as wel l a sother negr oe s according to mutualagr eement , besides condemn Si eurDezi l lets to pay cos t s .

(Signed ) Philippe

Order f or trial .

(Sign ed ) Dubervllle

Summons g i ven t o sr . Des i l lets .

(Si gned ) Lenormand,

Not pr i n t ed in Loui s i ana Historical Q uarter~y .

:t19 )

) YEAR 1752

se • .(2XI­,

NO DATE

\---)

ANSWER OF VOU'fUH IER TO DES TREHAN

Declaration of Couturier to the SuperiorCouncil in answer to Destrehan's pet it i on to com­~e l him to ~ay him 4,899 livres and opposing al sot he sale of his house for 7,OOO .l ivres.

Coutur i er explai ns that he sol d saidhouse to Sr. Lagrange f or the sum of 7,750 livres,and that Destrehan claims a mortga ge on saidhouse .

Couturier declares t hat De s t r ehan has amortg~ only on the surplus of the sale price of7, 000 l i vres, said house being mortga ged fir s t toChe val ier , h is brother-in-law for 5,000 livres,and t o Sr. Me ssa i ngue f or t he other 2 ,000 .

In t he ac t ~assed between Des t rehan a ndCouturier it was agreed tha t Destrehan shouldr eceive the surplus on sale of sa i d house afterpayment of sa id t wo mortgages, wh ich he Cout ur i er ,does not op~ose.

Couturier dec l ar e s t ha t Des t r ehan isop~o s ed t o the gift of 100 p i s t ol e s t hat the buyerpr es ented to hi s wife; he dec lares that accordingt o contract he need not pay Destrehan before theend of next month, when Couturier wi l l receivehis pe lts .

Coutur ier ask t he Council to rejectDestrehan's demands.

(Signed) Couturier

Not 'pr i nt ed in Louisiana Hi s tor i ca l Quar t er l y

Rlr

~-----~- -----------------

D 52

YEAR, 17523f pages

, ~.»

NODA!l'E

GENEVIEVE CHEVAL, VilDOVi OF PIERRE PERETTEversus

JEAN PERETl'E

ANSVrER.

Answering BU.i t of Genevieve Cheval, Wi dow of the latePierre Perette, son of Jean Perette, 'Defendant, saidDefendant admits that the sum of 300 livres is', <il.uePlaintiff for her preoiput but he denies that a 'Dowryof 1,000 li~es is ~e her but he does admit that sheis anti tIed to the usufruot of One thousand livred, dueto the fact that there wer e no ohildren born of themarriage of Plaintiff to Pierre Perette, son of Defen­dant. Wherefor, De,fendant prays that he be allowedthree months in whioh to pay plaintiff thirteen hundredivrea which amount represents her preoiput and the

1,000 livres on whioh amount she is entitled to enjoythe Usufruct only, but which 1,000 pounds he will _turnover to her only upon her f'urniahing bond guaranteeingthe return of ,said amount to Defendant and recognizingit to be his property.

(Signed) Helo for Perrette

2~. NODSMEMORANImI.

This is a statement, or memorandum, of effects belong­ing to the Deoeased and in the hands of his father forwhioh his father is acoountable as lIIll.ch for the Dowryof the wife, as for the portion devolving upon her:1120 pounds, received, sinoe his son's death, from Mr.Latulipes, representing amount earned . by Pierre PerrettI

~ now deoeased. Miscellaneous artioles consisting of abed, six sheets and wearing apparel. Also, one-half ofthe harvest whi oh waa made on the plantation of Mr.Peret, f"ather of Deceased, whi ch half, his father hadpromi sed him~

, (Signed) Croizet.

(

No .D52/ l

YEAR 1752

2 pp

DR. GUEYDAN'S BI LL FOR 27 LIVRES.

This oovers professional servioesand medi oines furnished the daughterof De la Kiaulais.

j YEAR 1745

Anothor bill of Dr . Guaydan . forprofessional services and medi cinerendered to family of de la Kiaul ai s .for year s 1745, and 1746.

Received on a ccount ••• 15 piastresLeaving a balance ,of--- 8 piastres.

Not entered in Louisi ana Hi st orical Quart er l y .

54/17

f

J YEAR 1752

52/2

DlVO ICE

DATE rromr

'-

Invo i oe o r one oaso ot mer ohandise oontai ninglin ens , notions, hosi ery , beaver hats and f an­oy goods , shipped by Mr . Tes t er , merohant a tLa Rochel l e to his pa rtne r, Mr . Chants l ou atNew Orleans, on board the vessel (La Rhinoceros)Capt ai n Le Large , sail ine t r om Rochefort.

sai d oonsignment , amount i ng t o 607 livres 16sole i nol u di ng freig ht charges fro m La Roohelleto Roohefort and pa ck ing , shipped under thename of Yon/dour CharmeteBu , Sr . mer ohant atPort iers .

(No Signature) .

Not list ed in t ho Loui siana Hist o r i cn l e:ua r t or l y .

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JUDGI.OOrTS BENDERED BYmE $PERlOR COONaIL •

.jIn re I Pierre Amotin vs Chanoy and lfr. Jung, hi s bondaThe Council renders a First Default Judgment againstChancy and J:ung and orders them re-summoned to appear (the next day of hearing. Costs reserved.

In rei Jacques Maniard .va Lacour Baufort. First Defau.Judgment was rendered against Baufort and he was orderere-summoned to appear on the next day of hearing. Costreserved.

(The Dames of this plaintiff and defendant are illegibl.they are faded and torn). The .-Judgment rendered was th.of a First Default against Defendant, who was ordered rlSUJDIIlOned to appear on the ne:at day of hearing. Costsreserved.

In rei Jean Baptiste Le Gran, surnamed Datendresse vsClaude Vigzion, SIlrnamed Le Combe. A First Default Judg­ment was rendered against Defendant, who waS ordered re­sUlllIOOned to appear on the next day of hearing. Costsreserved.

In re.1 Michel Brasses vs , Joseph ·Heb er e . First Defaul'Judgment was rendered against Defendant who was orderedre-SIlmmOned to appear on the next day of hearing. Costsreserved.

In reI (Name of Plaintiff torn away completely) vs.llr. llibreu.l1. The .Counc il having examined the Judgmentrendered Jannary Twelfth, 1749 it now renders .Judgmentdeoreeing that said Judgment be executed according to itsform and tenor, it also renders .J u dgment for interest andcosts.

(Signed) Michel.

Not listed in the Louisiana Historical ~arterly.

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