New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-19

designated as the Superior DlsGr1cG Couf
for the parish of Orleans.
SEC. 2 Be it further enacted, etc, Tina
the Superior District Court hereby created
shall have exclusive jurisdiction in and fol
the parish OF Orleans, to issue writs OF in
; functions, mandamuses, quo warranto, ans
to entertain all proceedings, and to try al
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 Olleans
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 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
terested, where the amount in dispute shall
exceed the sum of one hundred dollars, and
said colrt 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-
/ tropolitan Police, the Board Of School D-
rectors, or any such corporation afore-
said shall be party or be interested,
and shall have power to issue writs
OF prohibition, injunction, mandamus
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 w~its or orders
which by the constitution or by the
existing laws said court has authority
to issue, hear and determine; and pro
vided further that this act shall not be
construed to prevent the Second District
Court for the parish Of Orleans from exer-
clslng all the powers granted by section
five OF act No. 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 see
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 injunctIOnS to stay the execution of
any order of seizure and sale, or any
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
ment OF ally judgment rendered or order OF.
seQuestratloD, 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-
d1ctlon, and the power reserved to each of
the district courts to issue writs of iniunc-
ton to stay proceedings in said courts as
herein set forth. shall be exclusive of the
Superior District Court herein created.
SEC g. 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 for said pal ish, 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 yecord of
such suit or proceeding to the
said Superior District Court, which shall
be vested with power to hear and de-
termlne such cause as if the same had
been originally brought in said Superior
District Court. Immediately upon the /
passage of this act it shall be the duty of
he judges OF the Third, Fourth, Fifth and
Sixth District Courts tor the parish of Or
cans TO transfer to the Superior District
Court for the parish of Orleans all suits or
the jurisdiction over which is,
~ this law, vested in said Superior District
Jourt. The said Superior CONT for the
parish of Orleans shall be and is hereby
'ested with jurisdiction over all such suits or
proceedings so to be transferred. and with
he anne power to hear and determine
uch suits and proceedings so 10 be
as if the same had been Origi-
any p1OhSuU III bdlu superior DlStrlGI |
'ourt. All suits or proceedings depending
1 the Seventh and Eighth District Courts
or the parish of Orleans the jurisdiction
yer which is by this law vested in the Su-
erior District Court for the parish of Or {
cans, whether determined or not, are {
ereby transferred and declared to be I
ending in said Superior District Court I
ON and after the passage Of this act. The !
nd Superior District Court is hereby de- I
JARED to be and is hereby vested with uris- !
Teton over all such suits and proceedings S
II they had been originally brought in said | a
nperior District Court, and shall be pro 2
seded with III said Superior District Court. b
i'd tried and determined. and process q
sued and executed therein and by said a
'urt IN the same manner as if such suits Il
proceedings had been commenced orig II
ally III SAID Superior District Court for "
e parish of Orleans. The judge of said a
lperor District Court for the parish of tt
rIeans shall have power and authority, at al
g instance OF any party interested, or at | III
e instance OF the Attorney General of the
ate, to direct writs of mandamus and in al
ncllon to the clerks OF said other district NJ
urtS, to the parties to any suit or h,
Its and their attorneys or to ia
y person or persons interfering, in all -
ses in which it may he necessary or expe- 9
ant TO protect the jurisdiction of said Su- 9l
1Or District Court, as conferred by this
t. In case any suit, or proceeding over a.
llch the said Superior District Court shall
We exclusive jurisdiction, shall at any
ne hereafter be- depending in any other
'trIet court for the parish of Orleans. and
Judge OF said court shall neglect, or re-
sc to allow an order of transfer of such
use, or proceeding, to the said Superior
strict Court, then and in that case either am
rtE To such SUIT, or proceeding, may cause
oe nied III the said Superior District
urt certified or sworn copies of the cita- >o'<
o or CITATIONS petition and pleadings in FO
"a SUIT or proceedings; and the said Su-
Ter District Court shall proceed to hear -
determine such suit or proceeding ex- se
siTe of such other court the same in all the
poets as it such suit or proceeding had Orl
n originally instituted or commenced in pro
h Superior District Court 66 rf
&c. 4. lie 1t further enacted, etc, That Sec
acts OF the General Assembly regulating ry
practice in the district courts of the scr
1sh OF Orleans except so far as they may H., i.
Inconsistent with this act, or contrary to son son
provisions, shall apply to and bind the this
&c and clerk OF the Superior District and
lrt of the parish of Orleans x
he Judge of said Superior District Court Of q
Il be member of the board1Of district MOI
ges for the parish of Orleanf, organized 8.
act No. 50, of the session of 1872 an 4
we'd April %, 1872. The judge Of the Su- s.
or District Court shall have power to arti
bIsh and ordain rules of court in rela- Se
t. the special jurisdiction of said court; It
ylded, that no such rule shall conflict. de
/ law Of the State. Where the rules -
he district courts for the parish of Or n,
s do not conflict with the rules so to be c4F
2ted by said judges, they shall have = {
e in said Superior District Court. seiz,
&c. D. Be it further enacted etc That SIEVE