New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-21
NO. =.
AN ACT
iE (. BOvEE,
Secretary of State.

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 a 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 and suits in
| said Seventh and Eighth District Courts
| to other courts in said parish.
! SECTION l. 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
| lished, 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. :. Be it farther enacted etc, That
the Superior District Court hereby created
! shall have exclusive jurisdiction in and for
the parish OF Orleans, to issue Writs of III
functions, mandamuses, quo warranto, and
to entertain all proceedings, and to try all
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 Orleans,
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 court shall have appellate jurisdiction
from the justices Of the peace III the parish
OF Orleans in all cases in which the State,
the city of New Orleans, the Board of Ne
trOpolitan Police, the Board Of School Di-
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 certioram 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 writs or orders,
which by the constitution or by the
existing laws raid 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-
cising all the powers granted by section
i've 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 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 injunctiOns to stay the execution of
any order of seizure and sale, or any
writ OF execution or possession granted
Dy such Judge or 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
sequestratOn, 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- |
dlctl0n, 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. 3. Be it further enacted, etc, That |
IN any case in which an Injunction shall |
issue from the Superior District Court here
oy established, against any party or parties
20 any suit or proceeding, depending before
any other district court for said parish, ex-
oept 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 hear and de-
.ermine 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 for 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
lourto The said Superior Court for the
parish OF Orleans shall be and is hereby
-ested with Jurisdiction over all such suits or
Proceedings 50 to be transferred, and with
be anne power to hear and determine
uch suits and proceedings So TO be
transferred, as If the same had been 0rigi-
laIly brought in said Superior District
jours. All suits or proceedings depending
u the Seventh and Eighth District Courts
OF the parish OF Orleans, the jurisdiction
Ver which is by this law vested in the SUI
'eElor district Court for the parish OF Or |
cans, whether determined or not, are
ieFeoy transferred and declared to be
'ehalhg IN said Superior District Court !
rom ana alter the passage of this act. The
40 A'tstlttt SUuII Is uETGlF GG- !
JARED 10 De and Is hereby vested with iuriS-
lotion over all such suits and proceedings
$ II they had been originally brought in said
hyperion District Court, and shall be pro- |
eeded with in said Superior District Court
nd tried and determined, and process
;sued and executed therein and Nv ssid 8
curt in the same manner as il such suits +
= proceedings had been commenced orig :
laily in SAID Superior District Court for
be parish of Orleans. The judge Of said +
uPerior District Court for the parish of I
rleans shall have power and authority. at
le instance of any party interested, OF at 5
re instance of the Attorney General of the
tate, to direct writs of mandamus and in I
motion to the clerks Of said other district
,urts, to the parties to any suit or
hts and their attorneys, or to
~ person or persons interfering, in ali
ses in which it may be necessary or expe-
emit 10 protect the Jurisdiction Of said Su-
riyr District Cuurt as conferred bE this