New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-14

| construed to prevent the Second District
Court for the parish of Orleans from exer-
cising all the powers granted Dy sectlo4
five of act No. 2 of the special session OF
1870. approved March Is, 1870, or me 1Alru
District Court for the parish OF orleans
from exercising the powers granted IN sec,
fion seven of said act; and provided stlil
| further. that this act shall not be held 10
denrive any Judge or court Of the power 10
issue iniunctiOns to stay the execution Oh
anv order of seizure and sale, or any
/ writ of execution or possession grained
/ by such Judge or court, anu shah hoU
be held to deprive any S tsd III, Jitu IF IN
court of the power to issue the VIII o. III
| junction to stay the execution or enforce
IInent of any Judgment rendered or ordef OF
! concentration, attachment or provisional
seizure, made by such judge or court. Inc
| mower reserved to the Second ana Ihifu
| district Courts to issue Wrlts OF mandanus
| and Injunction in aid of their special Jurls-
| diotion and the power reserved to each OF
| the district courts to issue writs OF lnJunc-
| +ion to stav proceedings in said courts, as
| herein self forth shall be exclusive OF the
| Superior District Court herein created
! SEC. 8 Be it further enacted, etc. Ihat
| in any case in which an injunction shaH
| issue from the Superior District Court here
! by established, against any party or PaFtles
| to anv suit or proceeding, depending before
| any other district court for said parish, ex-
| cent the Probate Court, it shall be the duty
| of the judge and clerk of such court'ln
| 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 hear and de
termine 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
the Judges Of the Third, Fourth, Fifth and
Sixth District Courts for 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,
bv this law, vested in said Superior District
Court. The said Superior Count for the
parish of Orles n5 shall be and - hereby
vested with juris diction over all such suits or
proceedings so to be transferred, and with
he anne power to hear and determine
such suits and proceedings SO to be
transferred, as if the same had been origl-
nallv brought in said Superior District
Court ALI suits or proceedings depending
in the Seventh and Eighth District Courts
for the parish Of Orleans, the jurisdiction
over which is by this law vested in the Su-
perior District Court for the parish OF Or
leans, whether determined or not, are
hereby transferred and declared to be
pending in said Superior District Court
from and after the passage of this act. The
said Superior District Court is hereby de-
clared to be and is hereby vested with juris
dictiou over all such suits and proceedings
as if they had been originally brought in said
Superior District Court, and shall be pro-
ceeded with in said Superior District Court,
and tried and determined, and process
issued and executed therein and by said
court in the same manner as if such suits |
or proceedings had been commenced orig
inaily in SAID Superior District Court for
the parish of Orleans. The judge of said |
Superior District Court for the parish of
Orleans shall have power and authority, at
the instance of any party interested, or at |
the instance of the Attorney General of the |
State, to direct Writs of mandamus and in |
junction to the clerks of said other district |
courts, to the parties to any suit or |
suits and their attorneys, or TO |
any person or persons interfering, in all |
cases in which it may be necessary or expe- |
dent to protect the Jurisdiction of said SUI |
perIor District Court, as conferred by this !
act In case any suit, or proceeding over |
which the said Superior District Court shall !
have exclusive jurisdiction, shall at any |
time hereafter be depending in any other
district court for the parish Of Orleans and |
the judge of said court shall neglect, or re
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 filed in the said Superior District
Court certified or sworn copies of the cita-
ton or citations, petition and pleadings in
such suit or proceedings; and the said Su-
perlor District Court shall proceed to hear
and determine such suit or proceeding ex-
elusive of such other court, the same in all
respects as If such suit or proceeding had
been originally instituted or commenced in
such Superior District Court.
NEG 4 Ra If further pnapra6 Tbo+ |
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 Orleanf, organized
by act No. 50, of the session of 1872 ap-
proved April %, 1872. The Judge of the SD
perior District Court shall have power to
establish and Ordain rules of court in rela-
ton to the special Jurisdiction of said 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 rules 80 to be
adopted by said judges, they shall have
force in said Superior District Court.
SEC. s. Be it further enacted. ETC., That
OF Otieans shall occupy the courtroom,
clerk's 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
trlct Court may hold court IN any other
room, if for any reason, it is impossible or
inconvenieut to occupy said Eighth District
courtroom.
SEC. 6. Be it 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, I
under the provisions gof 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 filed
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 !
)f said court shall have the same powers {
Is other clerks of district courts, and shall
receive the same em0luments. The Judge
If the Superior District Court shall have
he right to name the minute clerk of said | 7
'ourt, and may appoint stenographer, {
VINO, with the minute clerk, shall be under
he immediate direction of the indra The =