The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-12-17

article SO of the Constitution. The respond
ents complain also in their exception, No. 4
that the REALTORS action is premature, n
Judgment having as yet been rendered by tn
Seventh Justice of the Peace in the above men
toned suit of Eli Thomas VS.. the city o
Quincy, and others. The writ OF prohibition
is given to prevent the inferior courts from ex
tending their jurisdiction or denying justic'
to any one; it may, therefore. issue before o.
after iudpment.-Articles C. p. 845 and 653. =
Third Execution grounds Of this excep
ton being connected with the answer of thu
respondents asserting that the proceedings il
the suit of Eli Thomas VS.. The Steamboat Cit,
OF Quincy and others, before the Seventh
Justices Court, are in strict conformity with
law and facts, l will consider both at once
BY Sec 2lO1 of the Z. s. of 1870, it is pro.
vided that thereafter no Justice Of the Peace
in the parish Of Orleans shall have jurisdic.
ton over or cognizance Of any civil action in
stituted against any steamboat, steamship or
any other vessel, or the captain or owners
thereof, nor shall any such Justice issue any
writ Of attachment, seGuestration or provis-
ional seizure against any steamboat, steam
ship or other vessel for any sum or cause
whatever, if at the time said action was insti-
tuted the steamboat steamship or other ves-
sci was moored in a district or ward differ
ent from that in which said Justice holds his
Court; but that all such actions or proceedings
shall be brought before the Justice Of the
Peace in whose territorial limits the steamboat,
steamship or other vessel lies moored at the
time of institution Of suit i; provided that if
the Justice Of the Peace Of the district in
which such vessel may be is not at that time
sitting, then suit shall be brought before the
next nearest Justice OF the Peace" By this
law, all claims not over 500 against any
steamboat or other vessel. or the captain and
owners thereof, if judicially enforced, must
be sued on before the justice of the district
within whose territorial limits the steamboat
or other vessel lies moored at the time OF the
institution of the suit; it affords protection
to the captains and overs of vessels, who are
no longer subject to oe harassed by the null
tiplicity of legal proceedings SO often instituted
against them at the same time before several
Justices Courts, and its prohibitory DISPOSE
tons apply to any civil suit before a Justice
of the Peace against steamboat or any other
vessel, or the captain and owner thereof, |
whether the proceedings be IN rem or not.
The question now presents ITSELF ''under
that law (Sec. 2101 Il. S. Of 1S7O), has the |
Seventh Justice of the Peace for the parish of
Orleans jurisdiction over the suit of Eli |
Thomas vs.. the steamboat City of Quincy, |
J. B. Woods x Co., agents, and others? The
act of the 3Oth Of March, 1871, creating the
Seventh Justices Court, gives to that court |
concurrent civil jurisdiction with the other
Justices Courts in the parish OF Orleans; its
powers, therefore, are no greater, but
Lhe same as those conferred by law upon
The other courts, and it is, like these latter,
subject to the disabilities and prohibitions con-
aimed in section 2lOl, r. s., above referred
TO- At the time OF the institution of the suit
IF Eli Thomas VS.. the steamboat City of
Quincy and others, before the Seventh
Justices Court said steamboat being moored
within the territorial limits OF the Second
Justice of the Peace, the said Seventh
Justices Court has no jurisdiction over said
uit, and, therefore, cannot take cognizance
# the same.
For these reasons it is ordered and decreed
hat the writ Of prohibition herein issued be
made absolute, as prayed for in the REALTORS
'etition, respondents paying costs of these
EDMOND MEUN1EE.
Judge Third District Court.
J. Ad. Rozier and Vale Rozier, attorneys
or the REALTORS; L. King Cutler attorney for [
he respondents.