GRAND JURY. SEC. 2136. (Selection of foreman.) Repealed. Act 1877, p. 55, No. 44, sec. 6, 7; Aet 1833, p. 141; Act 1873, p. 165, No. 94. SEC. 2137. The foremen of grand juries of this State may administer the oath required by law to all witnesses brought before them during their respective sessions. D. sec. 2576; Act 1855, p. 305. Foremen of grand juries' inay adminis. ter oaths. Power of grand SEC. 2138. Grand juries may adjourn for any time not exceeding three days, without leave of the court, but for a longer time than three juries to addays the leave of the court must first be had. SEC. 213). (Grand jury required to inspect prison.) [See D. 2848. journ. Punishment of SEC. 2140. Any grand juror, at any term of court when a grand jury is empanneled, who shall fail to inform the grand jury of any grand jurors for failure of violation of the criminal laws of this State, or of any crime committed duty. within the parish for which he is empanneled 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 offence 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 offence which may be punished by death or imprisonment in the penitentiary he shall be punished by imprison. ment in the penitentiary at hard labor for not less than one nor more than five years. Grand jurors their number SEC. 2141. In order to prosecute the offence prescribed in the pre- witnesses on ceding section of this act, or to defend the charge, any member of the trial of one of grand jury shall be a competent witness to testify either before the for failure of duty. grand jury or on the examination or trial of the case. D. sec. 884. 3965. SEC. 2142. The severel 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. special charge to each grand jury empanneled before them. The following acts regulate juries for the parish of Orleans: Act 1877, p. 72, No. 56; Act Ex. S. 1877, p. 209, No. 138; Act 1880, p. 35, No. 36; Act 1880, p. 52, No. 54. See D. 997. Who bound to serve as jurors. List to be fur nished by sher iff in the month of December. Number of each jury, except in the first district court. SEC. 2143. Every qualified voter residing in the parish of Orleans, 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. Con. 1879, art. 116; Act 1830, p. 52, No. 54. 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 the first district court. They shall serve one month. SEC. 2146. Whenever a jury is to be drawn it shall be the duty of the sheriff to draw from the jury box the names of the jurors, and drawing jury. continue so to draw for each successive jury until all the names in Manner of 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. Act 1877, p. 72, No. 56; 29 A. 31. SEC. 2147. The grand jury for the body of the first judicial district Grand jury for shall be selected only once in every three months, and shall continue first district court, how often drawn. drawn. 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. Act 1877, p. 72, No. 56. 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 court, how 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 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 empanneled and sworn to serve as above mentioned, and the remaining persons shall be empanneled to serve as petit jurors in said court. Number of SEC. 2148. The number of jurors to be drawn for the first district jarors, etc., to court shall be fixed by the court, and the court shall divide them into be regulated by as many panels as it may deem proper, and regulate their attend judge. Additional number of jurors, how drawn in ance. 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 insufficient certain cases. for the good and speedy administration of justice, the judge of such on court is authorized to direct that such an additional number of jurors as he shall consider requisite shall be drawn according to law, 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. Act Ex. S. 1877, p. 209, No. 138. SEC. 2150. If any juror is excused or neglects to serve upon the jury for which he was summoned, the sheriff shall replace his name in the jury box, subject to be drawn with the other names therein. SEC. 2151. (Compensation of jurors in the first district court.) Repealed. Act 1865, p. 66; Act 1874, p. 117, No. 69. Names of jurors lecting to serve to be replaced in the jury box. excused or neg Compensation SEC. 2152. Those serving in the other courts sitting in the city of New Orleans shall be entitled to a compensation of one dollar each of jurors in for every case in which they find a verdict, to be charged among the other courts. 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. C. P. 494. in certain cases SEC. 2153. In the courts of the first judicial district special juries may be directed to be summoned whenever the judge shall be of opin- Special juries ion that the matters to be submitted to the decision of a jury are of to be summoned 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. SEC. 2151. The grand jurors of the parish of Orleans shall be empanneled before and shall return to the first district court all bills by them found, and all presentments by them made. D. sec. 2009; Act 1855, p. 315. Parish of Caddo-Act 1871, p. 155, No. 54; parish of Jefferson-Act 1870, Grand jury to before the first be empanneled district court. LANDLORD AND TENANT. Manner of forc ing the tenant 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 month or to give to theotherwise, either verbally or in writing, shall be desirous, upon the proprietor postermination of the lease, either by limitation or any breach thereof, to leased property. session of the Proceedings be. fore justice of the peace. Proceedings be have again and repossess his estate so 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 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 order to be there 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 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 tenant, or the lease which he shall allege to hold, shall exceed the fore the district Sum of one hundred dollars, then the summary proceedings allowed or parish court. 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 the judgment to be suspended only in certain -cases. C. P. 1068. SEC. 2157. No appeal from any such judgment shall suspend execution unless the defendant has filed a special defence, supported by his oath that all the facts contained in his answer are 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. C. P. 575; D. sec. 44. SEC. 2158. It shall be lawful for any lessor to make use of the pro- This act applicable to subvisions of the foregoing sections against any under-lessee or tenant lessees, whom he may find in possession of the premises by him so leased. SEC. 2159. Nothing herein contained shall be so construed as to Not to impair deprive any landlord or lessor of any remedy heretofore allowed him, rights of landeither 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 al- rent. lowed by law. C. P. 287. lords to seize property for the lessor's SEC. 2160. The lessee shall be entitled to retain out of the property Certain effects subjected by law to the lessor's privilege his clothes and linen, and not subject to those of his wife and family, his bed, bedding and bedstead, and those of privilege. his wife and family; his arms, military 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. C. P. 644, 645; D. sec. 336, 572, 1691, 1695, 2838; Act 1872, No. 39; Act 1874, No. 17, 63. SEC. 2161. In all cases of provisional seizure of furniture or other Lessee's right property at the instance of lessors, the lessee shall be permitted to to bond. have the seizure released upon executing a forthcoming 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. C. P. 287; D. sec. 2910, 3587; Act 1868, p. 74. SFC. 2162. The value of the property shall be fixed by the sheriff or one of his deputies, with the assistance of two appraisers selected Appraisement. by the parties, twenty-four hours' notice being previously given to the lessor or his counsel to select an appraiser. Preference to SEC. 2163. All suits for the expulsion of tenants, brought in pursuance to the provisions of this act, shall at all times be tried by pref- suits in ejecterence in the supreme court of this State-any law or laws to the con trary notwithstanding. C. P. 879; D. sec. 44, 1920, 1923; Act 1856, p. 63; Act 1876, p. 36, ment. SEC. 2161. Leases may be made either by written or verbal con- How leases are tract. C. C. 2683 (2653); Act 1866, p. 14. made. SEC. 2165. Article two hundred and eighty-seven shall be so amended that a lessor may obtain a writ of provisional seizure even Writ of provisbefore the rent be due; and it shall be sufficient to entitle the lessor ional seizure, to the writ to swear to the amount which he claims, whether due or ble. not due, and that he has good reason to believe that the lessee will when obtaina |