New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-01-05
PUBLISHED BY AUTHORITY,
REGULAR SESSION OF 1877.
No. L,
An ACT

zulate its jurisdiction and modify and
regulate that of the several district courts
of said parish, hitherto and now existing;
to reduce the expense of taxpayers and
of Justice in the city of New Orleans; to
abolish the Sixth and Superior District
Courts Tor said parish to further regu
late corporations and their proceedings
and dissolution and protect the assets
thereof; to regulate juries and jury COM
nissiouers relative to said Superior Civil
Court and increase the salary of said
commissioners, and to confer additional
powers on the Third District Court for
the parish of Orleans.
SECTION l. Be it enacted by the Senate
and House of Representatives OF the State
of Louisiana in General Assembly con-
yeped, That there shall be and is hereby
created an additional district court within
the parish of Orleans, to be and De emitted
the "SuJ erior Civil Court for the parish of
Orleans" AS soon as practicable after the
passage of this act, the Governor shall ap-
point, as in case of original vacancy, a
Judge and clerk for the said court, and here
after at every election for jud ges of the dis
trict courts of or for the parish of Orleans,
there shall be elected in like manner Judge
for the Superior Civil Court; and ill like
manner hereafter clerk shall be elected
for the same Until such elections and the
qualification and entering into office of their
respective successors, the said offices
shall continue TO be filled by ap.
Dointments of the Governor, by and
with the advice and consent of the
Senate, or to DO submitted for such advice
and consent at the next session Of the SEN
ate, If made within the recess of the same.
The Judge shall receive salary of five
thousand dollars per aunum, payable on
the warrant of the Auditor of Public Ac-
counts upon the order of the Judge. The
clerk shall receive in compensation for his
services such fees as are now fixed by law
for similar services, excepting in city tax
suits, wherein the fee has been hitherto
Eixed at two dollars, which shall be reduced
to enc dollar for each suit hereafter brought;
In matters not specially regulated by law,
he shall receive the same fees as other
clerks of district courts for the parish of
Orleans.
SEC. .. Be it further enacted, etc., That
the State of Louisiana and the city of New
Orleans shall not be required to make de-
post or give security in advance for any
costs.
SEC. g. Be it further enacted, etc. That
the said Superior Civil Court for the parish
of Orleans sh III have original jurisdiction
in all civil cases in said parish Except pro-
bate) brought in said court or transferred
thereto when the amount In dispute exceeds
one hundred dollars, exclusive of interest,
and shall have exclusive original lurisdio-
ton in all State and city tax suits in the
parish of Orleans, and in all civil suits in
said parish in which the State of Louisiana,
the city of New Orleans, or the Board of
Commissioners of the Metropolitan Police,
or the Board of School Directors of the city
of New Orleans may be party or be in
terested, of whatever amount, and whether
equalIng, exceeding or less than one hun.
bred dollars in amount claimed, involved
OF in dispute.
1t shall have exclusive original iurisdic-
ton of all suits for or involving upwards
of one hundred dollars, within said parish;
in which any corporation or board, private
or political, established by act of the Gem
eral Assembly OF this State, by or before a
notary public, or otherwise, under the laws
Of this State, or holding property within the
parish of Orleans, is party or interested,
and exclusive appellate jurisdiction from
justices of the peace in all such suits not
exceeding one hundred dollars IN amount.
IL shall have exclusive original jurisdic-
ton in and for the parish of Orleans lex
cept in cases where the same is vested in
Justices of the peace, and in such cases it
shall have exclusive appellate jurisdiction !,
in all suits or proceedings where VI wherein
a writ or writs of injunction, prohibition,
quo wRrranto or mandamus, are issued or
prayed for, excepting only as hereinafter
provided and reserved in section seven OF
this act.
1t shall have exclusive original iuris-
dictiOn Of all suits for damages against any
or all public officers, for or arising out OF
any official act, injury or neglect of duty.
Ii shall have exclusive original jurisdie.
1itn in and over all rules or proceedings
against the recorder of mortgages to com
pei the cancellation Of any inscription OF
any tax, city or State.
1t shall have exclusive original jurisdie-
ton over all actions involving the right to
or the possession of or any question OF
amotion from office, whether of the State,
parOehial, city, district or local, or of on
within any corporation, private or political,
created by or under the laws of the State
of Louisiana; and of all suits for or invoIv-
ing the forfeiture or suspension OF the
charters, the conservation or sequestration
of the assets, the prevention of waste or
Illegal distribution of the assets, and the
dissolution or liquidation of any such cor
porations.
SEC. A. Be it further enacted, ETC., That
in all cases in which exclusive or appellate
jurisdiction is granted 10 the Superior Civil
Court for the parish of Orleans, by this
act, the same shall be construed to mean
exclusive of all other district courts in or
for the parish of Orleans.
SEC. ;. Be it further enacted, ETC., That
nothing herein contained shall be construed
to prevent the Second District Court for
the parish of Orleans from exercising all
the powers granted by section five of act
No. Of the extra session of 1870, approved
Mach 10, 1870, or the Third District
Court for the parish of Orleans, from exer-
eising in cases not appealable to the Supe-
riOr Civil Court the powers granted by
section seven of said acts and this
act shall not be held to deprive
any Judge or court of the power
to issue injuncti0ns TO stay OF regulate the
execution OF any order Of seizure and sale,
or any writ of execution or possession
granted by sued judge or court, and shall
not be held TO deprive any such judge on
court Of the power 90 issue the writ OF in
junction TO stay the execution or enforce
ment Of any Judgment rendered, or order
Of seizure and sale, sequestratiOn, attach.
ment, writ OF possession or provisional
seizure made By such judge or court. And
this act shall, furthermore, not be construed
to in any manner limit or afteet the jurisdic.
ton and power Of che Supreme Court Of the
State Of Louisiana to issue, hear and de-
termine any and all writs or orders, which,
By the constitution or by the existing laws,
said Supreme Court has authority 70 issue,
hear aud determine.
SEC. g. Be it further enacted, etc, That
nothing herein contained shall Affect the
Jurisdiction Of any district court OF smother
Judicial district ana exercised outside OF
the limits Of the parish OF Orleans except
- follows, 10 vii: Suits or proceedings
againat general OK other officers of the
State Or Of any district including the par
14h er Orleans, o. who receive their com
mlesiona ct Or from the seat Of government
and are required 70 make any report, set
Element or account at the seat Of govern
fno1t ar within thn rnrfah NJ rlrloss.e -