New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-21

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 filed 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 SUI
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 it 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
be inconsistent with this act, or contrary to
its provisions, shall apply to and bind the
| judge and clerk of the Superior District
| Court of the parish of Orleans.
The Judge of said Superior District Court
shall be member Of the board Of district
| judges for the parish Of Orleans, organized
by act No. SO, of the session of 1872, APP
proved April 3d. 1872. The judge Of the Su-
| perior District Court shall have power to
establish and ordain rules of court in rela-
| ton to the special jurisdiction ofsaid court;
| provided, that no such rule shall conflict
| with law Of the State. Where the rules
| O1 Uu6 uiSlEfCU courts iOF Tue parish Oh VI
| leans do not conflict with the rGles SO to be
adopted by said judges, they shall have
| force in said Superior District Court.
SEC. s. Be it further enacted, etc, That
| the Superior District Court for the parish
| Of Orleans shall occupy the courtroom,
I! clerks office and chambers now occupied
| by the Eighth District Court for the parish
| of Orleans, unless the city of New Orleans,
| with the concurrence OF the judge ct 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, ii is impossible or
inconvenient to occupy said Eighth District
courtroom
Sec. 6. 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 aud 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 provisions of 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
provision is not made in the constitution"
After the expiration Of the commissions so
to be issued, the said offices shall be filled
by election, in the same manner and
at the same time that tho 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
receive the same emoluments The Judge
of the Superior District Court shall have
the right to name the minute clerk of said
court, and may appoint a stenographer,
NH yr,it1 IL I
the immediate direction of the Judge The
minute clerk and the stenographic writer
shall be paid by the clerk of said court
such salaries as the judge Of said court
shall fix.
SEC. 7. Be it further enacted etc, That
the act Of the General Assembly, approved
March Is, 1885, entitled IAN act to establish
an additional district court for the parish
OF Orleans, to define the jurisdiction there
of, and to reorganize and determine the
jurisdiction OF tho 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
trlct 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 tie parish Of Orleans be !
and is hereby abolished. All suits or pro
ceedings, and the records thereof, now de- !
pending in said Eighth District Court |
for the parish of Orleans, which are not,
by the provisions OF this act, trans |
terred to the Superior District Court herein |
te.stablished, are hereby. transferred to
the Fifth District Court for the |
parish Of Orleans, and the said suits or pro-
ceedings are declared to be pending in said |
Fifth District Court from and after the /
passage of this act. The records of all |
suits heretofore brought IN said Eighth Dis
trIct Court, whether determined or not,
and not hereinbefOre transferred to said |
Superior District Court, are hereby trans
teTed to said Fifth District Court All
suits or proceedings go tranferred shall be
proceeded with in said Fifth District Court
and tried and determined, and process and
judgment issued and executed therein, and
by said court, in the same maDneB as if the
same had been commenced originally in
said Fifth District Court for the parish Of
Orleans
SEC. s. Be it further enacted, etc, That
the Seventh District Court for the parish
OF Orleans be and is hereby abolished. All
suits and proceeding now depending in said
Seventh District Court tor the parish of
Orleans, whit are not by the provisions Of
this act transferred to the Superior District
Court herein established, are hereby trans
terred to the Fourth District Court for the
parish of Orleans, and the said Fourth Dis
trlct Court is hereby vested with jurisdic-
ton to hear and determine such suits
Or proceedings as if the same had been
brought in said Fourth Dis
.rict. Court, and the said suits or pro-
;eedings are declared to be pending
n said Fourth District Court from
and after the passage of this act. The
,ecOrds OF all suits or proceedings hereto
ore brought in said Seventh District Court,
whether determined or not, and not herein
before transferred to said Superior District
COURT are hereby transferred to
aid Fourth District Court, and
Ill proceedings SO transferred shall
De proceeded with in said Fourth
District Court, and tried and determined,
md process and judgment issued and exc
uted therein and by said Fourth District
}ourt in the same manner as if the same
lad been commenced originally in said
'ourth District Court for the parish of Or
cans.
SEC. 9, Be it further enacted, etc, That
IL laws or parts of laws in conflict with
his act ne and the same are hereby re-
called, go far as they are in conflict, and
his act shall have force and effect from and ".
fter it's passage.
(Signed) CHARLES w. LOWELL.
peaker Of the House Of Representatives.
(Signed A. B. HARRIS.
resident of the Senate and Acting Lies
tenant Governor
approved December r. 1872
(Signed) z. B. S. PINCHBACR.
lieutenant Governor and Acting Governor
Of Louisiana. {
Il Irue copy: I
GEO +. B0vEE.
Secretary Of State.
No. so. g
efatiye to dispensing with the publication