Act No. 35
AN ACT
To amend section third of an Act entitled " An Act to create Recorders' Courts in the city of New Orleans (this Act approved May 1, 1877), and to provide for the appointment and the election of Recorders; to define their jurisdiction, qualification and powers," and to repeal an Act entitled - An Act establishing four Municipal Courts in the city of New Orleans, and defining the jurisdiction and officers thereof, and repealing all laws establishing Recorders' Courts, and providing for the transfer of the records from the Recorders' Courts to said Municipal Courts, and for other purposes," approved May 17, 1873: to abolish the Fifth Municipal Court for the Seventh District of New Orleans, and to provide for the transfer of the books and records of said court: and to fix the compensation to be paid the Judge and Constable of the Seventh Justice Court by the city of New Orleans in lieu of costs, fees and expenses in criminal cases, cognizable by said court, and to repeal all laws and parts of laws in conflict with this Act.
No. 6888.
THE STATE EX REL. HERBERT GEALE VS. THE RECORDER OF THE FIRST RECORDER'S COURT OF NEW ORLEANS.
The writ of certiorari, issued by a superior to inferior court, lies not only in causes of which the superior court has appellate jurisdiction, but likewise in causes in which there is no appeal, and where the inferior court is of the last resort. The only court authorized to issue a writ of certiorari to an inferior court, is the one to which all appeals from the inferior court are made returnable.
This court has not appellate jurisdiction of criminal cases before the Recorders' Courts of New Orleans, when the penalty imposed is not death, nor imprisonment at hard labor, nor a fine exceeding three hundred dollars, nor where a fine or penalty imposed by municipal corporation is not involved; and hence is without authority, in such cases, to issue writs of certiorari to the Recorders' Courts.
A fine or penalty imposed by a State law, to be exacted by the magistrates of a municipal corporation for the use of the corporation, is not a fine or penalty imposed by the corporation.
The exercise of judicial power by the Recorders of New Orleans, when not extended further than the cognizance of cases arising under the regulations for the police of the city, is constitutional. Such cases need not be tried by jury.
APPLICATION for a writ of certiorari
