New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-12

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time hereafter be depending in any other
district court for the parish of Orleans, and
the Judge of said court shall neglect, or re-
fuse to allow an order of transfer OF such
cause, or proceeding, to the said Superior
District Court, then and in that case either
party to such suit, or proceeding, may cause
to be fled in the said Superior District
Court certified or sworn copies OF the cita-
ton or citations, petition and pleadings in
such suit or proceedings; and the said Su-
perior District Court shall proceed to hear
and determine such suit or proceeding ex-
elusive Of such other court, the same in all
respects as if such suit or proceeding had
been originally instituted or commenced in
such Superior District Court
SEC. 4. Be it further enacted, ETC., That
all acts of the General Assembly regulating
the practice in the district courts of the
parish Of Orleans, except so far as they may
its provisions, shall apply to and bind the
Judge and clerk Of the Superior District
Court Ofthe parish of Orleans.
The judge of said Superior District Court
shall be a member of the board of district
judges for the parish of Orleanf, organized
by act No. 50, of the session of 1872, APP
proved April %, 1872. The judge of the Su-
perior District Court shall have power to
tablish and ordain rules of court in rela
GIUu W LLI0 SJCCittl VI Stitl CVhl u
provided, that no such rule shall conflict
with @ law of the State. Where the rules
of the district courts for the parish Of Or
leans dc not conflict with the rules so to be
adopted by said judges, they shall have
force in said Superior District Court
SEC. 5. Be it further enacted, etc, That
the Superior District Court for the parish
of Orleans shall occupy the courtroom,
clerks Office and chambers now occupied
I,yr+ Fin6th Il;S+rint Count or a opiSb
of Orleans, unless the city of New Orleans,
with the concurrence Of the judge of said
Superior District Court, shall provide an
other courtroom and offices for said new
court. But the Judge of said Superior Dis
trict Court may hold court in any other
room, if, for any reason, it is impossible or
incOnvenient to occupy said Eighth District
courtroom.
SEC g. Be it further enacted, etc, That
the offices of Judge and clerk of the Supe-
rior District Court for the parish Of Or
leans, hereby established and organized,
shall be deemed to be vacant as in case Of
original vacancy. The Governor shall at
once fill such vacancies by appointment,
under the provisionssof the act of the Gen
eral Assembly approved August twenty
eighth, eighteen hundred and sixty-eight,
and entitled ian act to determine the mode
of filling vacancies in all offices for which
After the expiration Of the commissions so
to be issued, the said offices shall be filed
by election, IN the same manner and
at the same time that the other
district judges throughout the State
shall be elected. The judge of said court
shall receive the same salary received by
other judges of district courts. The clerk
of said court shall have the same powers
as other clerks of district courts, and shall
TappIu9 tho nET7T1nT1fG Tho inAna
of the Superior District Court shall have
the right to name the minute clerk of said
court, and may appoint a stenOgrapher,
who, with the minute clerk, shall be under
the immediate direction Of the Judge. The
minute clerk and the stenographic writer
shall be pad by the clerk of said court
such salaries as the judge of said court
shall tx.
SEC. 7. Be it further enacted, etc, That
the act of the General Assembly, approved
March l6, 1870, entitled ian act to establish
an additional district court for the parish
OF Orleans, to define the jurisdiction there
Of, and to reorganizo and determine the
jurisdiction of the existing seven district
courts for the parish of Orleans" be and
the same is hereby repealed, in so far as it
establishes and organizes the Eighth Dis
5r1ct Court for the parish of Orleans; it
being the intent and purpose of this act to
abolish the said Eighth District Court for
the parish Of Orleans, and the said Eighth
District Court for the parish of Orleans be
and is hereby abolished. All suits or pro-
and the records thereof, now de-
pending in said Eighth District Court
-Or the parish Of Orleans, which are not
3y the provisions of this act, trans
.erred to the Superior District Court herein
are hereby transferred to
ne Fifth District Court for the
parish Of Orleans, and the said suits or pro
ceedngs are declared to be pending III said
Fifth District Court, from and after the
passage Of this act. The records of all
3uits heretofore brought in said Eighth Dis
riot Court, whether determined or not, |
md not hereinbefore transferred to said
superior d strict Court, are hereby trans
erred to said Fifth District Court. All
suits or proceedings so tranferred shall be
proceeded with in said Fifth District Court, |
md tried and determined, and process and |
issued and executed therein, and |
~ said court, in the same manner as if the |
ame had been commenced originally in |
aid Fifth District Court for the parish of |
Orleans.
Sec. 8. Be it further enacted, etc., That
he Seventh District Court for the parish !
# Orleans be and is hereby abolished. All |
ults and proceeding now depending in said |
seventh District Court for the parish of |
orleans, whiC h are not by the provisions of
his act transferred to the Superior District |
court herein established, are hereby trans
erred to the Fourth District Court for the |
'arish of Orleans, and the said Fourth Dis
riot Court is hereby vested with jurisdic-
Ion to hear and determine such suits
T proceedings as if the same had been
brought in said Fourth Dis
riot Court, and the said. suits or pro-
eeding8 are declared to be pending
II
nd after the passage of this act. The
ecords of all suits or proceedings hereto
ore brought in said Seventh District Court,
7hether determined or not, and not herein
efore transferred to said Superior District
'ourt, are hereby transferred 10
aid Fourth District Court, and
IL proceedings so transferred shall
g proceeded with in said Fourth
district Court, and tried and determined,
nd process and judgment issued and exc
uted therein and by said Fourth District
curt, in the same manner as if the same
ad been commenced originally in said
ourth District Court for the parish of Or
,ans.
SEC. g. Be it further enacted, etc. That
Il laws or parts of laws in conflict with
lis act be and the same are hereby re-
eaIed, so far as they are in conflict, and
ll3 act shall have force and effect from and
fter its passage.
lSigned) CHARLES W. LOWELL.
peaker Of the House Of Representatives
lSigned) A. B. HARRIS.
resident Of the Senate and Acting Lieu
tenant Governor.
Approved December IL. 1872.
tSigned) p. B, S. PINCHBACK,
lieutenant Governor and Acting Governor
OF Louisiana.
A true copy:
GEO. Z. BOvEE,
Secretary of State.
AN ACT