New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-13
NO. p.
AN ACT

AN ACT
| To establish an additional district court for
the parish of Orleans; to define and limit
the jurisdiction, and to determine the
powers thereof: to provide for the trans
| fer of certain cases now depending before
certain other district courts for said par
ish to the court hereby created: to au-
thorize the Governor to appoint a Judge
and clerk for said court, and to provide
a court room for said court; to abolish the
Seventh and Eighth District Courts for
the parish of Orleans, and to provide for
the transfer Of the records ard 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 estab-
Gshed, an additional district court for the
parish Of Orleans, which shall be known and
designated as the Superior District Court
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 mandamuses, QUO warranto, and
| TO entertain all proceedings, and to try ali
cases or actions in which the right to any
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 Board oi 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 q party, or be in
terested, 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-
tropoitan Police, the Board Of School Di-
said shall be party or be interested,
and shall have power to issue writs
of prohibition, Injunction. mandamus
and certi3rari in aid OF such appel
late imisdictiOn; provided, that nothing in
this act shall be construed to in any man
ner limit or affect the jurisdiction aud
power of the Supreme Court of the
State Of Louisiana to issue, hear and
determine any and all wcits or orders
which by the constitution or by the
existing laws said court has authority
to issue, hear and determine and pro
vlued further, that this act shall not he
construed to prevent the Second District
Court for the parish of Orleans from exer-
cismg all the powers granted by section
five OF act No. of the special session of
1870, approved March IL, 1870, or the Thir1
District Court for the parish of Orleans
from exercising the powers granted III sec
ton seven Of said act; and provided still
further that this act shall not be held to
deprive any Judge or court of the power to
issue injuncuons to stay the execution of
any order Of seizure and sale, or any
writ OF execution or possession granted
by such Judge OIL 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
ment OF any judgment rendered or order of
sequestration, 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 iuris-
dicti0n, and the power reserved to each of
the district courts to issue writs of iDjunc-
ton to stay proceedings in said courts, as
herein set forth, shall be exclusive of the
Superior District Court herein created.
SEC 3. Be it further enacted, etc. That |
in any case in which an injunction shall
issue from the Superior District Court here |
by established, against any party or parties |
to any suit or proceeding, depending before |
any other district court tor said parish, eX- |
cept the Probate Court, it shall be the duty |
of the judge and clerk of such court in |
which such suit or proceedings is depending, |
to Immediately transfer the record OF |
such suit or proceeding to the |
said Superior District Court, which shall |
be vested with power to heay and de- |
termine such cause as if tho same had |
been originally brought in said Superior |
District Conrt. Immediately upon the |
passage of this act it shall be the duty of |
the judges Of the Third, Fourth, Fifth and |
Sixth District Courts Tor the parish of Or |
leans TO transfer to the Superior District |
Court for the parish of Orleans all suits or |
proceedings, the jurisdiction over which is. !
by this law, vested in said Superior District |
Court. The said Third Fourth, Fifth and |
Sixth District Courts for the parish Of Or
leans shall be and are hereby vested with |
jurisdiction over. all such suits or proceed |
ings 50 to be transferred, and with the |
same power to hear and determine |
such suits and proceedings go to be |
as ii the same had been origi-
nally brought in said Superior District |
Court. All suits or proceedings depending
IN the Seventh and Eighth District C0uI Is
for the, parish of Orleans. the jurisdiction
over which is by this Law vested in the Su-
perlor District Court for the parish Of Or
leans, whether determined or not, are
hereby transferred and declared to be
pending il said Superior District Court
from and after the passage Of this act. The
said Superior District Court. is hereby De |!
elared to be and is hereby vested with ilris
dietion over all such suits and proceedings
as ii they had been originally brought in said
Superior District Court, aad shall be pro
eeeded with in said Superior District Court,
and tried and determined, and process
ssGed and executed therein and by ssid |
court In the same manner as il such suits |
Or proceedings had been commenced orig
naIly in SAID Superior District Cou1t for
he parish Of Orleans. Tie Judge of said
Superior District Court for ahe parish of
Orleans shall have power and authority at
he instance of any party interested, or at
he instance of the Attorney General Of the
State, to direct writs Of nlandanus and in
JUNCTION to the clerks Of said other district
.ourts. to the parties TO any suit or
uits and their attorneys, or to