New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-13

| El6 Judge Oh SaIQ court Budli uSS1CGIy VI IL
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 fled in the said Superior District
Court certified or sworn copies of the citar
ton or citations, petition and pIeadlngs IN
such suit or proceedings; and the said Su-
perior District Court shall proceed to heaI
and determine such suit or proceeding eX
elusive of such other court, the same i'll all
respects as if such suit or proceeding had
been originally instituted Or commenced in
such Superior District Court.
SEC. 4 BE it further enacted, etca, 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 d member of the board of district
judges for the parish OF Orleanf, 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 Gules
of the district courts for the parish OF Or
leans do not conflict with the rales 50 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
! of off ola
| 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
inconvenient to occupy said Eighth District
| courtroom
! Sec. s. Be iS further enacted, etc, That
! the offices of Judge and clerk of the Supe-
| rior 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 fill such vacancies by appointment,
under the provisions Eof 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 Tiled
by election, III 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 stenographer,
@ho, 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.
SEC. 7. Be it further enacted, etc, That
the act of the General Assembly, approved
March l6, 1870, entitled ian act to establish
an additional district court for the parish
OF Orleans, to define the jurisdiction there
OF, and to re0rganiHe and determine the
jurisdiction of the existing, seven district
courts fer the parish Of Orleans be and
the same is hereby repealed in so far as it
establishes and organizes the Eighth Dis
tl1ct 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 tor the parish of Orleans be
and is hereby abolished. AL suits or pro-
ceedings, and the records thereof, now de-
pending in said Eighth District Court
Tor the parish of Orleans, which are not,
by the provisions of this act, trans
ferred 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
GGeedings 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 D strict Court, are hereby trans
terred to said Fifth District Court All
suits or proceedings so transferred shall be
proceeded with in e4id Fifth District Court
and tried and determined, and process and
Judgment issued and executed therein, and
by said court, in the same manner as if the
same had been commenced originally in
said Fifth District Court for the parish of
Orleans.
SEC. 8. 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 for the parish of
Orleans, whit h are not by the provisions Of
this act transferred to the Superior District |
Court herein established, are hereby trans
ferred 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 |
originally brought in said Fourth Dis |
trict Court, and the said suits or pro: |
ceedings are declared to be pending |
in said Fourth District Court from |
and after the passage of this act. The |
records OF all suits or proceedings hereto |
fore brought in said Seventh District Court, I
whether determined or not, and not herein !
before transferred to said Superior District |
Court are hereby transferred to |
said Fourth District Court, and |
all proceedings SO transferred shall |
he proceeded with in said Fourth |
District Court, and tried and determined, !
and process and judgment issued and exc
cuted therein and by said Fourth District |
Court, in the same manner as if the same |
had been commenced originally in said |
Fourth District Court for the parish of Or |
leans.
SEC. =. BE it further enacted, etc. That
all laws or parts Of laws in conflict with |
this act be and the same are hereby re-
pealed, so far as they are in conflict, and |
this act shall haze force and effect from and
after its passage.
tSignedl CHARLES w. LOWELL.
Speaker of the House Of REPRESENTATIVES,
tSigned) A. B. HARRIS.
President Of the Senate and Acting Lieu
tenant Governor.
Approved December II, 1872.
(Signed) ?. 3, S. PINCHBACKo,
Lieutenant Governor and Acting Governor
OF Louisiana.
4 true copy:
GEO. E. BOvEE.
Secretary of State,
no. S'5' +