to be sum

moned in certain cases.

when he files his petition or answer, praying for a trial by jury, otherwise said prayer shall be disregarded, and the case tried by the court.

Sec. 2153. In the courts of the first judicial district, special Special juries juries may be directed to be summoned whenever the judge shall be of opinion that the matters to be submitted to the decision of a jury are of such a nature as to require information peculiar to certain occupations or professions; in such case the judge is empowered at the request of either party, to direct to be summoned a sufficient number of jurors of the occupation, profession or trade necessary for the proper decision in the case.

Grand jury to

Sec. 2154. The grand jurors of the parish of Orleans shall be impaneled be impaneled before and shall return to the first district court district court. all bills by them found, and all presentments by them made. D. Sec. 2009. Act 1855, p. 315.

before the first

etor possession

the leased

property.

Sec. 2155. When any person having leased any house, store, or any landed estate for the term of one or more years, or by Manner of the month or otherwise, either verbally or in writing, shall be tenant to give desirous upon the termination of the lease, either by limitation to the proprior any breach thereof, to have again and repossess his estate so of leased, he shall demand and require, in writing, his tenant to remove from and leave the same, on allowing him the time which is granted by law for such removal, and if the tenant shall refuse to comply there with, after the expiration of the delay, and to remove therefrom, it shall be lawful for such lessor to cause the tenant to be cited to appear before any justice of Proceedings the peace, having competent jurisdiction, in order to be there of the peace. condemned to deliver him the possession of the leased premises. If the justice is satisfied on such demand, by due proof that the lease has expired by limitation, or has in any way been violated, and that demand in writing for delivering possession thereof has been made within the time fixed by law, it shall be lawful for the justice to give judgment against the tenant, ordering him to deliver to the lessor the possession of the leased premises.

If the tenant does not comply with the judgment within three days after the service of the copy thereof, it shall be the duty of the justice who rendered the judgment to issue forthwith his warrant, directed to the constable of his court, commanding him forthwith to deliver to the lessor the full possession of the leased premises, and to levy the costs of the case out of such goods and chattels of the tenant as are allowed by law to be seized; and in case the constable should find the doors and windows of the

before justice

trict or parish court.

house, store, or other landed estate so leased, locked up, it shall be lawful for him, on a warrant issued to that effect by the justice, to break open the doors and windows in the presence of two witnesses, in order to put the lessor in free possession of the leased premises as aforesaid.

C. C. 2686 (2656), 2691 (2661); D. Sec. 2057. Act 1855, p. 345. Sec. 2156. Whenever the monthly or yearly rent paid by the Proceedings tenant, or the lease which he shall allege to hold, shall exceed before the dis- the sum of one hundred dollars, then the summary proceedings allowed by the preceding section for the possession of leased property shall be instituted and carried on before any parish or district court having competent jurisdiction, in the manner provided in the preceding section, and the cases shall at all times be tried by preference, after three days' notice.

Execution of

Sec. 2157. No appeal from any such judgment shall suspend execution unless the defendant has filed a special defense, supthe judgment ported by his oath, that all the facts contained in his answer are ed only in cer- true, and entitle him to retain the possession of the premises, and unless further, he give bond with good and sufficient security for all such damages as the appellee may sustain.

to be suspend

tain cases.

C. P. 575; D. Sec. 44.

Sec. 2158. It shall be lawful for any lessor to make use of the This act appli- provisions of the foregoing sections against any under-lessee or tenant whom he may find in possession of the premises by him so leased.

cable to sub

lessees.

Not to impair

Sec. 2159. Nothing herein contained shall be so construed as to deprive any landlord or lessor of any remedy heretofore rights of land- allowed him either for the payment of the rent to him due, or for the seizure of such part of the furniture found on the premises so leased as is allowed by law.

lords to seize

property for rent.

Certain effects

the lessor's

privilege.

C. P. 287.

Sec. 2160. The lessee shall be entitled to retain, out of the not subject to property subjected by law to the lessor's privilege, his clothes and linen, and those of his wife and family, his bed, bedding and bedstead, and those of his wife and family; his arms, mili tary accoutrements, and the tools and instruments necessary for the exercise of the trade or profession by which he gains his living and that of his family.

to bond.

C. P. 644, 645; D. Sec. 386, 572, 1691, 2888. Act 1872, No. 39. Act 1874, No. 17. Sec. 2161. In all cases of provisional seizure of furniture or Lessee's right other property at the instance of lessors, the lessee shall be permitted to have the seizure released upon executing a forthcom ing bond or obligation with a good solvent security for the value of the property to be left in his possession or for the amount of the claim with the interest and costs.

Appraisement.

C. P. 287; D. Sec. 2910, 3587. Act 1868, p. 74.

Sec. 2162. The value of the property shall be fixed by the sheriff, or one of his deputies, with the assistance of two appraisers selected by the parties, twenty-four hours' notice be

ing previously given to the lessor or his counsel to select an appraiser.

C. P. 287; D. Sec. 2911, 8588.

Sec. 2163. All suits for the expulsion of tenants, brought in Preference to pursuance to the provisions of this act shall at all times be tried suits in ejectby preference in the supreme court of this State, any law or laws to the contrary notwithstanding.

D. Sec. 44, 1920. Act 1866, p. 68.

ment.

Sec. 2164. Leases may be made either by written or verbal How leases are

contract.

C. C. 2683 (2653). Act 1866, p. 14.

made.

visional seizure, when obtainable.

Sec. 2165. Article two hundred and eighty-seven shall be so amended that a lessor may obtain a writ of provisional seizure Writ of proeven before the rent be due-and it shall be sufficient to entitle the lessor to the writ, to swear to the amount which he claims, whether due or not due, and that he has good reason to believe that the lessee will remove the furniture or property upon which he has a lien or privilege out of the premises, and that he may be thereby deprived of his lien; Provided, That in case the Provided. rent be paid when it falls due, the cost of the seizure shall be paid by the lessor, unless he prove that the lessee did actually remove or attempt or intend to remove the property out of the premises.

C. P. 287; D. Sec. 541, 2573, 2901, 2908. Act 1839, p. 172, § 22.

Sec. 2166. All the civil laws which were in force before the Former laws promulgation of the Civil Code are abrogated, except so much of title tenth of the old Civil Code as is embraced in its third chapter, which treats of the dissolution of communities or corporations.

repealed.

C. C. 432 (423); D. Sec. 412, 592, 3990. Act 1828, p. 160, § 25. Sec. 2167. All the rules of proceeding which existed in this Repeal of rules State before the promulgation of the Code of Practice, except of procedure. those relative to juries, recusation of judges and other officers, and of witnesses, and with respect to the competency of the latter, are abrogated.

shall be con

D. Sec. 412, 592, 3990.

Sec. 2168. All laws enacted by the legislature of this State, When the laws shall be considered promulgated at the place where the State gazette is published, the day after the publication of such laws in the State gazette, and in all other parts of the State, thirty days after the publication.

sidered promulgated.

kept by the secretary of State.

C. C. 4-7. Act 1855, p. 341.

Sec. 2169. The secretary of State shall keep a register in Register to be which he shall write down the title of all laws passed by the legislature, together with the date when they shall have been respectively published in the State paper; and the register thus kept or certificate delivered from the same by the secretary of State, under his official signature and seal, shall be evidence of the publication of the laws; and whenever the promulgation of any law is contested, the person contesting the same shail be held to prove the fact.

Amendment.

Insertion of

C. C. 4—7; D. Sec. 1457, 3493, 3519.

Sec. 2170. The duties now imposed on the clerks of the ister by clerks courts of this State to insert in a register, to be kept for that

in a reg