New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-28

| and Certlorar1 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 said court has authority
to issue, hear and determine; and pro
vided further, that this act shall not be
construed 20 prevent the Second District
Court for the parish of Orleans from exer-
cising all the powers granted by section
| five of act No. 2 of the special session of
1870, approved March Is, 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 anv
| writ OF execution or possession granted
| by such judge or court, and shall not
be held to deprive any euch 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
| 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 iuri5-
| diction, 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. J. 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 pali sh, OK
aan+ ha hoto - -E,,,IJ l., ~.
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-
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, |
by this law, vested in said Superior District |
Court. The said Superior Court for the !
parish of Orleans shall be and is hereby !
vested with jurisdiction over all such suits or |
proceedings so TO be transferred, and with |
he anne power to hear ard determine |
such suits and proceedings so to be |
transferred, as if the same bad been origi- |
nally 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 vestt 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 thi8 act. The
GoJH mi, =, l. l, L
clared to be and Is hereby vested with iuris
dIctlon over all such suits and proceedings
as If they had been originally brought in said
Superior District Court, and shall be pro |
oeeded 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
inally 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 Su.
perOr District COur 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 10 allow an order of transfer of guCh
cause, or proceeding, to the said Superior
District Court, then and in that case either
party to such suit, or proceeding may cause I
IN 20 uoiI N;e$r INF
Court certified or sworn copies of the Cita-
ton or citations, petition and peadings in
such suit or pr0cet dings; and the said Su-
Derior District Court shall proceed to hear
and determine such suit or proceeding ex-
:lusive of such other court, the same in all
respects as it such suit or proceeding had
neen originally instituted or commenced in
such Superior District Court
SEC. 4. Be it further enacted, eto., That
all acts of the General Assembly regulating
he practice in the district courts of tie I
parish OF Orleans, except so far as they may c
% inconsistent with this act, or contrary to
is provisions, shall apply to and bind the I
Judge and clerk of the Superior District {
Court Of the parish of Orleans c
The Judge of said Superior District Court
hall be a member Of the board of district
Judges for the parish OF Orleans, organized T
~ act No SO, of the session of 1872, ap- L
proved April %, 1872. The judge of the Su-
)eriOr District Court shall have power to Q
stabliBh and Ordan rules of cOnrG ia rela- p
ion t. the special jurisdiction ofsaid court; v
provided, that no such rule shall conflict r
With a law of the State. Where the rules Il
t the district courts for the parish of Or
cans do not conflict with the rules 40 to be a
dOpted by said judges. they shall have 0
Orce in said Superior District Court. I
SEC. 5. Be it further enacted, etc, That q
he Superior District Court for the parish II
t Orleans shall occupy the courtroom, p
Jerks office and chambers now occupied a
y the Eighth District Court for the parish T,
+ Orleans unless the city of New Orleans &
nth the concurrence Of the judge Of said
uperiOr District Court, shall provide an Il
ther courtroom and offices for said new fl
onrt. But the Judge of said Superior Dis
riot Court may hold court in any other s
Dom, IT, for any reason, it is impossible or
to occupy said Eighth District
SEC. s. Be it further enacted, etc., That
ne offices of judge and clerk of the Supe-
or District Court for the parish of Or
ans, hereby established and organized,
lall be deemed to be vacant as in case of
'iginal vacancy. The Governor shall st
1ce fill such vacancies by appointments -
lder the provisions of the act of the Cen
al Assembly approved August twenty.
ghth, eighteen hundred and sixtY-eight r.
nd entitled IAN act to determine the mode
filling Vacancied i'll all offices for which
DIVISION is not made in the cons tuition"
fter the expiration of the commissions so
be issued, the said offices shall be filled
election, in the same manner and
the same time that the other
strict judges throughout tho State
al receive the same salary received by oil
n n "a nj /