New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-09

N,s Superior District Court hereby createi
| shall have exclusive jurisdiction IN and fol
the parish OF Orleans, TO issue wits OF IN
functions, mandamuses, quo Warranto, ano
to entertain all proceedings, and to try al
| 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 III and for the parish Of o. leans
| over all cases or proceedings Ia 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 domici}ed in the
I 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 Me-
| tropolitan Police, the Board Of School Di-
| rectors, or any such corporation afoFe-
| said shall be Ii party or be interested,
| and shall have power to issue wrts
of prohibition, Injunction, mandamus
and certiorari iu aid Of such appel
late Jurisdictions; 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 to prevent the Second District
Court for the parish of Orleans from exer-
cising all the powers granted by section
five of act No. OF the special session of
! I "
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 injunctIOn5 TO stay the execution of
any order of seizure aud sale, or any
writ OF execution or possession granted
by such judge OIL 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
sequestratiOD, attachment OF provisional
seizure, made by such Judge or court The
power reserved to the Second and Third
District Courts to issue wrirs of IHandamus
and injunction in aid of their special juria-
dictiop, and the power reserved to each of
the district courts to issue writs of iniunc-
ton to stay proceedings in said courts as
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 ter said pa ish, ex-
ccpt the Probate Court, it shall be the duty
of the judge and clerk of such court in
which such suit or proceedings is depending
10 Immediately transfer the pAspvI of
such suit or proceeding 30 the
said Superior District Court, which shall
be vested with power to hear and de-
termine such cause as if thu same had
been originally brought in said Superior
District Court. Immediately upon the
passage of this act ii shall be the dnty of
the judges Of the Third, Fourth, Fifth and
Sixth District Courts tor 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 L.
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 had been origi-
nalIy brought in said Superior District
Court All suits or proceedings depending
i'll the Seventh and Eighth District Counts
for the parish of Orleans, the jurisdiction
over which is by this la " vested III the Su- |
perior District Court for the parish of On
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 iuris- |
diction 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 CSurt, |
and tried and determined, and process
issued and executed therein and by sid |
court in the sanse manner as il such suits |
or proceedings had been commenced orig |
lnally 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 or the Attorney General Of the |
State, to direct writs of Inandamus and in
junction to the clerks of said other district |
courts, to the parties to any suit OF
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- 7
perior District Cout IS conferred by this
act. In case any suit, or proceeding over
" hlch 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- l
use 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 !
% be filed in the said Superior District !
court certified or sworn copies Of the Gita-
'
uch suit or proceedings; and the said Su-
'erior District Court shall proceed to hear
md determine such suit or proceeding ex- |
lusrve OF such other court, the same in all |
aspects as ii such suit or proceeding had
,een originally instituted or commenced in
uch Superior District Court.
SEC. 4. Be it further enacted, etc, That
Ill acts of the General Assembly regulating
he practice i'll the district courts of the
'arsh OF Orleans, except so far as they may
'e lncOnsis tent with this act, or contrary to
Is provisions, shall apply to and bind the
ndge and clerk Gf the Superior District
;ourt OF the parish of Orleans.
The Judge of sai4 Superior Distrbot Court
hall be a nembrr eff the board of district
1dges for the parish of Orleans, organized |
" act No 50, of the session Of 1872 ap- !
roved April %, 1872. The judge of the su-
eIior District Court shall have power b.
stablish and ordain rulee OF cOuft il gsla
len to the special jurisdiction ofsaid court;
royided, that no such rule shall conflict
18th a law of the State. Where the rules
the district courts for the parish az Or |
,ans do not conflict with the r.lcs SO tc hg .
dopted by said judges. they shall h,se
)rce 81 said Superior District Court,
SEC. 5. BE it further enacted, etc yA&f :
ne superior District Court fer the parisi.
Orleans shall occupy The eSustruain, : !
erlls ofice and chambers now ne.u,:icd I ,
V the Eighth District Court ioF TIE parish ! .
OrleaRa, unless the city Of New Orleans ,
it'll the concurrence Of the jad ge - eaid | /
lnerinr llstrieE lnuIt sHalL nrnIinA 1 !.