New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-24
NO. 22o
AN ACT

/ AN ACT
10 establish an additional district court fo
the parish of Orleans; to define and limi
the jurisdiction, and 80 determine tn,
powers thereof; to provide for the trans
fer OF certain cases now depending before
certain other district courts for said par
ash to the court hereby created; to au
thorlze the Governor to appoint a Judge
and clerk for said court, and to provide
court room for said court; to abolish the
Seventh and Eighth District Courts fol
the parish of Orleans, and to provide fol
she transfer of the records and suits in
said Seventh and Eighth District Courts
to other courts in said parish.
SECTION :. BE it enacted by the Senate
and House of Representatives OF the State OF
Louisiana in General Assembly convened
| That there shall be, and is hereby sstab
| lished, an additional district court for $bq
parish of Orleans, which shall be known and
! designated as the Superior District Cour.
| for the parish of Orleans.
SEC. 3 Be it further enacted, etc, That
| the Superior District Court hereby created
| shall have exclusive jurisdiction in and for
| the parish OF Orleans, to issue writs Of in
| functions, Mandamu8es, quo warrantO, and
| to entertain all proceedings, and to try all
| cases or actions in which the righs to aDy
| office, State, parish or municipal, is in any
! way involved. The said Superior District
| Court shall also have exclusive original
! Jurisdiction in and for the parish of OiIeans.
| over all cases or proceedings in which the
! State OF Louisiana, the municipal corpora
| ton of the city of New Orleans the Board
of Metropolitan Police. the Beard of School
Directors for the city Of New Orleans. or
any corporation established by act of the
General Assembly, and domiciled in the
parish Of Orleans, shall be party, or be in
teFested, where the amount in dispute shall
exceed the sum of one hundred dollars, and
said court shall have appellate jurisdiction
from the justices of The peace in the parish
OF Orleans IN all cases IN which the State,
the city OF New Orleans, the Board of Me
tr0pOiItan Police. the Board Of School Di-
rectors, or any such corporation afore-
said shall be a party or be interested,
and shall have power to issue Writs
OF prohibition. injunction. maniaiuUs
and certiorari in aid of such appel.
late Jurisdiction; provided, that nothing in
this act shall be construed to in any man
ner limit or affect the jurisdiction and
power Of the Supreme Court of the
State Of Louisiana to issue. hear and
determine any and all writ8 or orders
which by the constitution or by the
existing laws said court has authority
to issue. hear and determine: and pro
vlded further, that this act shaI! not be
construed to prevent the Second District
Court for the parish Of Orleans from exqr
cislng all the powers granted by section
i've OF act Nc. , Of the special session of
1870, approved March l6, 1870, or the Third
District Court for the parish of Orleans
from exercising the powers granted IN sec
ton seven OF said act; and provided still
further, that this act shall not be held to
deprive any judge OF court Of the power to
issue nJunCtI0ns to stay the execution of |
any order of seizure and sale. or anv
writ OF execution or possession granted |
by such judge OF court, and shall not |
be held to deprive any such Judge or |
court OF the power to issue the writ Of in
junction to stay the execution or enforce !
nent OF aLy Judgment rendered or order Of !
5equestratton, attachment or provisional
seizure, made by such Judge or court. The
power reserved to the Second and Third
District Courts to issue writs of mandamus
and injunction in aid Of their special juris-
fiction, and the power reserved to each Of
he district courts to issue wrjts Of iniunc-
ion to stay proceedings in said courts, as
lereIn set forth, shall be exclusive of the
superior District Court herein created.
SEC. 5. Be 1t further enacted, etc. That
Il any case in which an Injunction shall
ssue from The Superior District Court here
y established, against any party or parties
0 any suit or proceeding, depending before
ny other district court for said parish. ex-
i the judge and clerk of such court in
which such suit or proceedings is depending
o immediately transfer the record Of |
UGH suit or proceeding TO the
aid Superior District Court, which shall ,
@ vested with power to hear and de-
7rmIne such cause as if the same had I
cen originally brought in said Superior
district Court Immediately upon the
assage of this act it shall be the duty of
ne judges of the Third Fourth. Fifth and s
'Xth District Courts for the parish of Or
ans to transfer to the Superior District I
curt for the parish Of Orleans all suits or
roceedings, the jurisdiction over which is.
= this law, vested in said Superior District
curt. The said Superior Court for the I
arlsh of Orleans shall be and is hereby
7sted with Jurisdiction over all such suits or
'Oceedngs so to be transferred, and with
le anne power to hear and determine
lch suits and proceedings SO to be =
as If the same had been origi-
Ally brought in said Superior District
curt. All suits or proceedings depending
the Seventh and Eighth District Counts 1
T the parish of Orleans, the jurisdiction
'er which is by this law vested in the Su
rlor District Court for the parish of Or
ans, whether determined or not. are
reby transferred and declared to be n
nding in said Superior District Court d
)m and after the passage of this act The ei
id Superior District Court is hereby de- b
ared to be and is hereby vested with iuris- W
etion over all such suits and proceedings re
if they had been originally brought in said cl
perIor District Court, and shall be pro
eded with in said Superior District COiIrt D;
d tried and determined, and process di
ued and executed therein and By said CT
lrt in the same manner as if such suits
proceedings had been commenced orig al
lily in SAID Superior District Court for De
J parish Of Orleans. The judge of said m
perior District Court for the parish of
leans shall have power and authority, at br
instance of any party interested, or At Dr
instance of the Attorney General of the w
tie, to direct writs of mandamus and in re
ction to the clerks of said other district ms
lrts, to the parties to any suit or
Is and their attorneys. or to an
7 person or persons interfering. IN all of
rs II which It may be necessary or expe- Tt
N n act ba 4