spect prisons. SEC. 2139. Every grand jury is required to inspect the prisons Grand jury re- within their respective districts and make report to the judge of said quired to in- court, of the manner in which the prisoners are treated, and if any of the sheriffs, jailers, prison-keepers, or any of their deputies, Penalty against jailers not com- should be presented by them for not having complied with the laws plying with laws regulating treat regulating the treatment of prisoners, he or they shall be fined in a sum not exceeding two hundred dollars. ment of pris. oners. 1869-76. grand jurors for failure of duty. SEC. 2140. Any grand juror at any term of court when a grand jury is impanneled, who shall fail to inform the grand jury of any Punishment of violation of the criminal laws of this State, or of any crime committed within the parish for which he is impanneled as a grand juror, since the sitting of the last preceding grand jury in that parish, which may have come to his personal knowledge, or of which he may have been informed, upon due conviction thereof, shall, if it be an offense not punishable in the penitentiary, of which he has not given information, be fined in a sum of not less than fifty nor more than five hundred dollars; and if it be an offense which may be punished by death or imprisonment in the penitentiary, he shall be punished by imprisonment in the penitentiary at hard labor for not less than one nor more than five years. Grand jurors witnesses on trial of one of their number for failure of duty. SEC. 2141. In order to prosecute the offense prescribed in the preceding section of this act, or to defend the charge, any member of the grand jury shall be a competent witness to testify either before the grand jury or on the examination or trial of the case. SEC. 2142. The several judges of the courts in this State before Judges to make whom criminal cases are tried, shall give this act specially in charge to grand jury. to each grand jury impanneled before them. special charge 1855-342. Who bound to JURIES IN THE PARISH OF ORLEANS. SEC. 2143. Every qualified voter residing in the parish of Orleans, serve as jurors. except such persons as are exempted by law, shall be bound to serve as a juror in the several courts within the city and parish. List to be furnished by sheriff in the SEC. 2144. It shall be the duty of the sheriff of the parish of Orleans, in the month of December, to furnish a list of all persons liable to jury duty residing within the limits of the parish of Orleans. SEC. 2145. Each jury shall consist of thirty-six jurors, except for jury, except in the First District Court; they shall serve one month. month of December. Number of each the First District Court. ing jury. SEC. 2146. Whenever a jury is to be drawn, it shall be the duty Manner of draw. of the sheriff to draw from the jury box the names of the jurors, and continue so to draw for each successive jury, until all the names in said box have been drawn out, and no person shall be required to serve a second time upon the jury until all the names have been drawn from the box, and, whenever the box shall be emptied, the sheriff shall return all the names upon the jury list into the jury box and commence a new drawing. First District SEC. 2147. The grand jury for the body of the First Judicial Grand Jury for District shall be selected only once in every three months, and shall Court, how often continue in service during the term of three months, unless sooner discharged, and be exempted during that time from all other jury service in the other courts of this State. drawn. Whenever it shall be necessary to select a grand jury for the said Grand jury and district, the sheriff of the parish of Orleans, together with the clerk petit jury in said of the First District Court, during the last week in the month, shall draw from the jury box one hundred and twenty-five names to serve as jurors for the ensuing month; and they shall be summoned to court, how draw. attend the said First District Court accordingly; out of the persons so drawn and summoned, there shall be selected by the sheriff and clerk, under the direction of the court, a grand jury, to consist of sixteen persons, who, when severally approved of by the judge, shall be impanneled and sworn to serve as above mentioned, and the remaining persons shall be impanneled to serve as petit jurors in said court. be regulated by SEC. 2148. The number of jurors to be drawn for the First Number of District court shall be fixed by the court, and the court shall divide jurors, etc., to them into as many panels as it may deem proper, and regulate their attendance. how drawn in SEC. 2149. If at any time the number of jurors drawn to serve in any court of the First District of this State should become Additional numinsufficient for the good and speedy administration of justice, the ber of jurors, judge of such court is authorized to direct that such an additional certain cases. number of jurors as he shall consider requisite, shall be drawn according to law, on such a day as he shall appoint, and if it should happen that the said drawing be not then made, the judge shall fix another day for that purpose. Names of jurors lecting to serve 1865-66. of jurors in First SEC. 2150. If any juror is excused, or neglects to serve upon the excused or neg jury for which he was summoned, the sheriff shall replace his name to be replaced in the jury box, subject to be drawn with the other names therein. in the jury box. SEC. 2151. The jurors in the First District Court, in criminal cases, shall receive three dollars per day while performing jury duty. Compensation SEC. 2152. Those serving in the other courts, sitting in the city District Court. of New Orleans, shall be entitled to a compensation of one dollar Compensation each for every case in which they find a verdict, to be charged of jurors in among the costs, which shall be advanced by the party 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. other courts. summoned SEC. 2153. In the courts of the first judicial district, special juries may be directed to be summoned whenever the judge shall Special juries to be of opinion that the matters to be submitted to the decision of a beer cases. 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. 1855-315. Grand jury to be impanneled be SEC. 2154. The grand jurors of the parish of Orleans shall be impanneled before and shall return to the First District Court all fore the First bills by them found, and all presentments by them made. District Court. LANDLORD AND TENANT. SECTION. SECTION. Manner of forcing the tenant to give Proceedings before the district or 1855-345. ing the tenant to of the SEC. 2155. When any person having leased any house, store, or any landed estate for the term of one or more years, or by the Manner of forc- month or otherwise, either verbally or in writing, shall be desirous give to the pro- upon the termination of the lease, either by limitation or any breach prittor posses thereof, to have again and repossess his estate so leased, he shall leased property. 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 therewith, 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 the peace, having competent jurisdiction, in Proceedings be- order to be there condemned to deliver him the possession of the leased premises. fore justice of the peace. fore the district or parish court. 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 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. SEC. 2156. Whenever the monthly or yearly rent paid by the Proceedings be tenant, or the lease which he shall allege to hold, shall exceed 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. SEC. 2157. No appeal from any such judgment shall suspend Execution of the execution unless the defendant has filed a special defense, supported *judgment to be by his oath, that all the facts contained in his answer are true, and in certain cases, 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. suspended only This actapplica ble to subLessees, SEC. 2158. It shall be lawful for any lessor to make use of the provisions of the foregoing sections against any under-lessee or tenant whom he may find in possession of the premises by him so leased. Not to impair SEC. 2159. Nothing herein contained shall be so construed as to deprive any landlord or lessor of any remedy heretofore allowed rights of landhim either for the payment of the rent to him due, or for the seizure lords to seize of such part of the furniture found on the premises so leased as is rent. allowed by law. property for lessor's SEC. 2160. The lessee shall be entitled to retain, out of the property subjected by law to the lessor's privilege, his clothes and Certain effects: linen, and those of his wife and family, his bed, bedding and bed- not subject to stead, and those of his wife and family; his arms, military accoutre- privilege. ments, 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. SEC. 2161. In all cases of provisional seizure of furniture or other property at the instance of lessors, the lessee shall be per- 1868-74. mitted to have the seizure released upon executing a forthcoming Lessee's right bond or obligation with a good solvent security for the value of the to bond. property to be left in his possession or for the amount of the claim with the interest and costs. SEC. 2162. The value of the property shall be fixed by the sheriff, or one of his deputies, with the assistance of two appraisers Appraisement. selected by the parties, twenty-four hours' notice being previously given to the lessor or his counsel to select an appraiser. SEC. 2163. All suits for the expulsion of tenants, brought in 1866-68. pursuance to the provisions of this act shall at all times be tried by Preference to preference in the Supreme Court of this State, any law or laws to ment. the contrary notwithstanding., suits in eject 1866-14. SEC. 2164. Leases may be made either by written or verbal Art. 2653, C. c. contract. How leases are made. ble. SEC. 2165. Article two hundred and eighty-seven shall be so amended that a lessor may obtain a writ of provisional seizure even 1839–172—22, before the rent be due-and it shall be sufficient to entitle the lessor Art. 287, O. P. to the writ, to swear to the amount which he claims, whether due or Writ of provisional seizure, not due, and that he has good reason to believe that the lessée will when obtaina 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 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. 1828-160-25. SEC. 2166. All the civil laws which were in force before the promulgation of the Civil Code are abrogated, except so much of Former laws re- title tenth of the old Civil Code as is embraced in its third chapter, which treats of the dissolution of communities or corporations. pealed. SEC. 2167. All the rules of proceeding which existed in this State Repeal of rules before the promulgation of the Code of Practice, except those relative to juries, recusation of judges and other officers, and of witnesses, and with respect to the competency of the latter, are abrogated. of procedure. 1855-341. SEC. 2168. All laws enacted by the Legislature of this State, shall be considered promulgated at the place where the State gazette When the laws is published, the day after the publication of such laws in the State sidered promul- gazette, and in all other parts of the State, thirty days after the publication. shall be con gated. Register to be 1827-172-2. Art. 4, C C.- in a register by SEC. 2169. The Secretary of State shall keep a register in 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 shall be held to prove the fact. SEC. 2170. The duties now imposed on the clerks of the courts of Insertion of laws this State to insert in a register, to be kept for that purpose, the title clerks of courts of the laws, which shall have been directed to them, together with their promulganot necessary to the day on which they shall have received them, shall not be tion. considered as necessary to the promulgation of such laws. 1855-208. The statutes and mitted as evi dence. 1805-440-33. SEC. 2171. The published statutes and digests of other States digests of other shall be received in the courts of this State as prima facie evidence States to be ad- of the statute laws of the States from which they purport to emanate. SEC. 2172. All crimes, offenses and misdemeanors shall be taken, intended and construed, according to, and in conformity with, the common law of England; and the forms of indictment (divested law of England however of unnecessary prolixity) the method of trial, the rules of evidence, and all other proceedings whatsoever in the prosecution of the crimes, offenses and misdemeanors, changing what ought to be changed, shall be according to common law, unless otherwise provided. The common adopted. |