New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-24

exclusive
time hereafter be depending in any otht
district court for the parish of Orleans, an
the Judge of said court shall neglect, or r
l, fuse to allow an order of transfer of sue
2 cause, or proceeding, to the said Superio
e District Court, then and in that case eithe
party to such suit, or proceeding, may caUs
e to be fled in the said Superior DistriC
e Court certified or sworn copies of the eta
: ton or citations, petition and pleadings il
4 such suit or proceedings; and the said Su
peTior District Court shall proceed to hea
s and determine such suit or proceeding ex
5 elusive Of such other court, the same in al
3 respects as if such suit or proceeding haC
been originally instituted or commenced il
} such Superior District Court.
Sec. T. 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 %, 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 a law Of the State Where the rules
OF the district courts for the parish of Or
leans do not conflict with the rGles 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
by the Eighth District Court for the parish
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
| lnconvenl6nt to occupy said Eighth District
| courtroom,
| Sec. 6. Be iH further enacted, etc. That
the offices of judge and clerk OF the Supe-
ri0r 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 I'LL 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 todetermine 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, she said offices shall be filled
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 |
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 stenographeF, |
who with the minute clerk, shall be under |
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.
seq. BE is further enacted, etc, THAT
the act of the General Assembly, approved |
March IT, 1870, entitled IAN act 20 establish
an additional district court for the parish
OF Orleans, to define the jurisdiction there
of, and 20 reorganize and determine the
jurisdiction of the existing seven district
courts foy the parish of Orleans" be and
the same IS hereby repealed, in so far as it
establishes and organizes the Eighth Dis !
trIct Court for the parish of Orleans: it
beng the intent and purpose of this act to
abolish the said Eighth District Court for
the parish OF Orleans, and the said Eighth
@(ACIA 10y COhAl AL AGc PARISH Oh orleans D6 |
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
established, are hereby transferred to
the Fifth District Court for the
parish OF Orleans, and the said suits or pro
ceedlngs 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
suct Court. whether determined or not.
and not hereinbef0re transferred to said
superior District Court, are hereby trans
tered to said Fifth District Court. All
suits or proceedings so tranferred shall be
proceeded with in said Fifth District Court,
and tried and determined, and process and
Judgment issued and executed therein. and ;
~ SAID court, in the same manner as if the
ame had been commenced originally in
and Fifth District Court for the parish Of
Orleans,
SEC. 8, Be it further enacted, etc, That g,
ne n Seventh District Court for the parish
i Orleans be and is hereby abolished. All :
uits and proceeding now depending in said !
,eYenth GI7trjct Court for the parish of =
orleans. Walk are not by the provisions of n
ms act Transferred to the Superior District y
curt acrein established, are hereby trans +
erred t" the Fourth District Court for the p
arlsl OF Orleans, and the said Fourth Dis 3
net Court is hereby vested with iurisdic- 4
on to hear and determine such suits =
7 proceedings as if the same had been y
riignally brought in said Fourth Dis b
Ict Court, and the said suits or pro- h
eedings are declared to be pending Il
said Fourth District Court from O
nd after the passage of this act. The D
cords OF all suits or proceedings hereto f
re brought in said Seventh District Court, ne
neither determined or not, and not herein
9toTe transferred to said Superior District =
curt, are hereby transferred to II
id Fourth District Court, and re
proceedings so transferred shall VI
proceeded with in said Fourth u
lstrict Court, and tried and determined, y
Id process and judgment issued and exc Il! III
ted therein and by said Fourth District III
)urt, IN the same manner as if the same 81
I'd been commenced originally in said P'
'urtA District Court for the parish of Or
ans. u
SEC, g. Be it further enacted. etc. That So
laws or parts of laws in conflict with to
is act be and the same are hereby re- it
aled, so far as they are in conflict, and til
IS act shall have force and effect from and OF
ter its passage. OF
Signedl CHARLES W. LOWELL. to
eaker of the House Of Representatives, of
Signed A. B. HARRIS. co
eSIdent OF the" Senate and Acting Lieu cl'
tenant Governor. ar
Approved December II, 1872 su
Signed} P. B. S. PINCHBACK. tn
Governor and Acting Governor isl
Of Louisiana. &C
\ true copy: fol
GEO. E. BOyEE, up
GaOro+orr- ,cC MI