New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-29
No 2
AN ACT

AN ACT
| To establish an additional District Court for
! the parish Of Orleans, to define the jurs.
diction thereof, and to reorganze and de-
| termine the jurisdiction of the existing
| seven District Courts for the parish OF Of
| leans.
SECTION l. Be it enacted by the Senate
| aud House OF Representatives Of the State of
| Louisiana in General Assembly convened,
| That there shall! be, and there is HEREBY, es-
| tablished and created, An additional District
| Court for the parish of Orleans, which shall
be known and designated as the Eighth Dis
| trict for the parish of Orleans.
| SEC. 2. Be il further enacted, etc, That
| the Governor, by and with the advice and
consent of the Senate, shall appoint an
| eligible person as Judge of the Eighth Dis
! trict Court, hereby created, and q clerk for
! said court, who shall hold their offices until
the same can be filed by election. At the
general election for Judges of District
Courts, to be held in November, eighteen
hundred and seventy-two, a judge and clerk
shall be elected for said court, who shall
hold their office for four years. The judge
of said court shall rece We the same sal.
airy received by other judges of District
Courts, and the said clerks shall possess the
same powers and shall receive the same
emouments received by other clerks of the
District Courts. The city of New Orleans
shall 81 once provide q suitable court room
and clerks Office for the Eighth District
Court.
Sec 3. Be it further enacted, ETC., That
the Eighth District Court hereby created.
shall have exclusive jurisdiction III and for
the parish of Orleans to Issue wrlts OF in
junction, mandamus, quo warranto, and to
entertain all proceedings, suits or cODtesta-
tiOns in which the right to any office. State,
parish or municipal is in any way involved;
and, IN addition, shall have the same gener-
al jurisdiction hereinafter conferred upon
the Fourth, Fifth, Sixth and Seventh Dis
trict Courts for the parish of Orleans; pro-
viGed, that nothing in this act shall be con-
strued to IN any manner limit or affect the
right Of the Supreme Court of the State of
Louisiana TO issue hear and determine any
and all HrltS Or orders which by existing
laws said court has authority to issue, hear
and determine: and provided, further, that
this act shall not be so construed as to pre-
vent any Judge or court from issuing an
Injunction to stay or requisite the execution
OF any order of seizure granted, or judgment
rendered by said judge or court.
SEC. 4. Be it further enacted, etc, That
in all cases in which an Injunction shall
Issue from the Eighth District Court in suits
or proceedings pending before the other dis
trict courts Of the parish of Orleans, it shall
be the duty of the judge and clerk of such
courts in which such suit or proceeding is
depending 10 Immediately transfer the rec
ord of such suit or proceeding 10 the said
Eighth District Court, which shall be vested
with power to hear and determine such
cause as if the same had been originally
brought in said Eighth District Court. I'M
mediately upon the passage OF this act 1t
shall be the duty of the judges of the
Fourth, Fifth, Sixth, and Seventh District
Courts for the parish of Orleans to transfer
TO the Eighth District Court for the parish
of Orleans all suits or proceedings the juris-
diction over which is by this law vested in
said Eighth District Court. The said
Fourth, Fifth, SIKH and Seventh District
Courts are Invested of all jurisdiction over
such cases, except for the purpose of
entering an order of transfer and the
said Eighth District Court shall be and
is hereby vested with power to hear
and determine suits or proceedings so to be
transferred, as if the same had been origin
ally brought in said Eighth District Court.
The Judge Of said Eighth Distrist Court, for
the parish of Orleans. shall also have power
and authority to issue writs of prohibition
or mandamus directed to the clerks of the
other District Courts. or TO the parties to
any suit or suits. and their attorneys in
all cases where necessary or expedient to
enforce aud protect the jurisdicti IN of said
Eighth District Court, as granted ana con-
ferred by this act.
SEC. 3. Be it further enacted, etc, That
the Second District Court for the parish of
Orleans, shall continue to have exclusive
probate jurisdiction as provided by existing
laws, and shall have power and authority to
issue such writs injunction and mandamus
as shall or may be necessaryto the full eX-
ercse Of its probate Jurisdiction.
SEC G. Be it further enacted, etc,
That the Fourth, Fifth, sixth,
and Seventh District Courts for the
parish of Orleans shall have exclusive jqris.
diction in ali civil cases except probate, ard
such civil jurisdiction as has been herein
before conferred upon the Eighth District
Court, where the sum in contest is above
one hundred dollars. The Eighth District
hereinbefore conferred upon it, the same
general jurisdiction as is hereinbnfore con-
ferred upon the Fourth. Fifth, Sixth and
Seventh District Courts. for the parish Of
Orleans.
SEC 7. Be it further enacted, etc That
the Third District Court for the parish OF
Orleans shall have exclusive jurisdiction of
appeals from Justices Of the Peace, and
shall have full power to issue all conserva-
tory writs necessary to the exercise OF such
appellate jurisdiction.
SEC. 6. Be it further enacted ETC., That
all laws or parts of laws conflicting with this
act be and are hereby repealed.
SEC. 9. Be 1t further enacted, etc., That
this act shall take effect from and after its
passage.
(Signed) MORTIMER CARR:
Speaker of the House of Representatives.
(Signed) OSCAR J. DUNN,
Lieutenant Governor and President OF the
Senate.
Approved March l6, 1870.
(Signed) &: c. WARM0TH,
Governor of the State of Louisiana.
A true copy:
GEO. E. BovBE,
of S{o%o