New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-26

To limit and restrict the power OF courts 10
issue orders or writs OF mandaInus and
fieri facias against the city OF New Orleans
and the officers thereof, and to declare the
effect and prescribe the mode OF satisfying
judgments for money against the city of
New Orleans.
SECTION |. Be it enacted by the Senate
and House of Representatives OF the State
of louisiana in General Assembly convened,
That from and after the passage OF this act
no court within the State shall have author
ity or Jurisdiction to allow, order, hear, en-
terrain. Or enforce any summary process or
proceeding, or writ, or order OF mandamus,
or any order or proceeding in the nature of
an or Ter or writ of mand anus, either against
the Controller, Deputy Controller, or any
auditing officer Of the city Of New Orleans,
the object Of which shall be either directly
or indirectly, to obtain or compel said Con-
troler, or Deputy Controller, or auditing
officer, to issue and deliver any order or
warrant for payment of money, or against
the Treasurer, Assistant Treasurer, or any
officer or officers charged with the disburse-
ment of the moneys of the city OF New Or
leans, the object of which shall be either
directly, or indirectly, to enforce the pay.
ment of money claimed to be due from the
city of New Orleans to any person, persons,
corporation, or corporations, whatsoever,
but all actions or proceedings for the re-
covery of any sum of money claimed to be
owing by the city of New Orleans, shall be
in the ordinary form of action, instituted
against the city of New Orleans as corpo.
ration, and not against any branch, depart
ment or officer thereof, and shall, i'll all
respects, be conducted in the same manner
as other ordinary actions.
SEC. 2. Be it further enacted, etc, That
hereafter no writ of execution or feri facias
shall issue from any of the courts in this
State against the city of New Orleans to
enforce the payment of any judgment
for money against the city of New
Orleans, but fual judgment against the
city of New Orleans, condemning said cor.
poration to pay any sum in money. when
the same shall have become executory shall
have the effect in law of establishing and
fixing the amount of the plaintiffs demand
against said corporation, and the plaintiff
| may cause certified copy of the said judy
ment, together with copy OF the plaintiff S
| petition and the defendants answer in the
cause in which such judgment is rendered,
| together with the certificate OF the clerk OF
said court that such judgment IS final and
executory, to be filed in the Office OF the
Controller of said city, and it shall be the
duty of the Controller or auditing officer of
| said corporation to receive the same and
cause the same to be registered in his Office
| of the date on which the same shall have
| been presented, and when so registered if
| shall be the duty OF the Controller to war
rant on the Treasurer or disbursing officer
| of the corporation for the amount due there
on without any special appropriation of
money therefor by the Common Council;
| provided always, that there be sufficient
money in the treasury to pay such judgment
specially designated and set apart for that
purpose in the annual budget or detailed
| statement of items of liability and expendi-
ture required to be made by the one hum
dred and twenty fourth section Of the act OF
Legislature, entitled an act to amend an act
| entitled s'An act to consolidate the city OF
New Orleans and to provide for the govern
ment of the city of New Orleans and the
administration of the affairs thereof" ap.
proved March twenty, eighteen hundred and
fifty-six lS56), or such laws as may be
hereafter enacted relating thereto.
| Sec. 3. Be it further enacted, ETC., That
in case the amount of money designated in
the annual budget for the payment OF judg-
ments against the city of New Orleans
at the date when any judgment
against the said corporation shall have