New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-31

! and House of Representative 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 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 all
| cases or actions in which the right to any
| office, State. parish or municipal, IS II 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 IL 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, OF
| any corporation established by act OF the
| General Assembly, and d0miciIed in the
parish of Orleans, shall be a party, or be in
| terested, where the amount in dispute shall
exceed the sum of one hundred dollars, and
said c0Irt 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 Sehool, Di-
rectors, or any such corporation atore-
said shall be party or be interested,
and shall have power TO issue Wrlts
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 wIits 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-
cising all the powers granted by seeuon
five Of act No. 2 of the special session OF
1870, approved March Is, 1870, or tie Third
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 iniunCtl0ns to stay the execution OF
any order Of seizure and sale, or any
writ OF execution or possession granted
by 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 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 juris-
diction, and the power reserved to each of
the district courts to issue writ5 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-
oept the Probate Court, it shall be the duty |
Of the judge and clerk of such court il
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-
5ermine such cause as if the same had
0een 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
proceedings, the jurisdiction over which is,
~ this law, vested in said Superior District
Court. The said Superior Court 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
UGH suits and proceedings so to be
as if the same had been origi-
ally brought in said Superior District
court. All suits or proceedings depending |
n the Seventh and Eighth District Courts
or the parish OF Orleans, the jurisdiction
yer which is by this law vested IN the Su-
error District Court for the parish of Or |
cans, whether determined or not, are
ercby transferred and declared to be
ending in said Superior District Court
rom and after the passage of this act The
aid Superior District Court is hereby de-
Jared to be and is hereby vested with iuris-
lotion over all such suits and proceedings
s If they had been originally brought in said
uperlGr District Court, and shall be pro H.
eeded with IN said Superior District Court, | ,
nd tried and determined, and process :
sued and executed therein and by said
lurt in the same manner as if such suits 7
proceedings had been commenced orig :
tally in said Superior District Court for ),
lie parish of Orleans. The judge OF said =
uperior District Court for the parish of !.
rleans shall have power and authority, at n
le instance OF any party interested, or at !,
le instance of the Attorney General of the T.
ate, to direct writS of mandamus and in O.
nction to the clerks Of said other district %
'urts, to the parties to any suit or +;
lts ami their attorneys, or to -
y person or persons interfering, in all =
ses in which it may be necessary or expe-
ent to protect the Jurisdiction of said Su-
5rlor District COur as conferred by this T
{. in case any SUIT, or proceeding over ! =
hich the said Superior District Court shall
I'VE exclusive jurisdiction, shall at any
ne hereafter be depending in any other A
.+yTTt TO no, -
e 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
rty to such suit, or proceeding may cause
be fled IN the said Superior District
urt certified or sworn copies of the cita-
n or citations, petition and pleadings in -
eh suit or proceedings; and the said Su- q" a.
lIor District Court shall proceed to hear " "
d determine such suit or proceeding cx- iys
ISIFe OF such other court, the same in all 80
pects a5 il such suit or proceeding had VI
IN originally instituted or commenced in on a.
ii Superior District Court. ~
SEC. 4. Be it further enacted, ETC. That ~
acts OF the General Assembly regulating w
practice in the district courts of the t hl
rjsh OF Orleans, except so far as they NAV az az
inconsistent with this act, or contrary to ~
provisions, shall apply to and bind the 4I
ge and clerk Of the Superior District IN
1rt ofthe parish Of Orleans ~
he Judge of said Superior District Court err err
ii be member Of the board of district or
ges for the parish of Orleans, organized vic
act No So, of the session Of 1872, ap- die
we'd april 70, 1872. The judge of the Su- do
Tor District Court shall have power to for
tbish and ordain rules of court in reIa ere
| t. the special jurisdiction ofsaid court mo
vided. that no such rule shall conflict ind
b law of the State, Where the rules Ger