R. S. 2154-Act 50, 1892 out first tendering to the person from whom said money or goods was obtained the amount of money or value of the goods, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not less than ten ($10) dollars nor more than two hundred ($200) dollars, and in default of payment thereof with costs shall be imprisoned in the parish jail for not more than ninety (90) days at the discretion of the court.

[Interference With Laborers.]

SEC. 2. That if any one shall wilfully interfere, entice away, knowingly employ or induce a laborer before the expiration of his contract as herein provided, to leave his employer or the place rented before the expiration of his contract, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not less than ten ($10) dollars nor more than two hundred ($200) dollars, for each person so enticed or employed, and shall be liable in double the amount of damages in a civil action which such employer or landlord may suffer by such abandonment.

[Fraudulent Arrests.]

SEC. 3. That if any person availing himself of the provisions of this act, shall falsify or fraudulently cause an arrest to be made, or with the intent to unlawfully and wrongfully detain any laborer or person, he shall be deemed guilty of a misdemeanor and upon convic tion shall be fined in a sum not less than two hundred and fifty ($250) dollars nor more than five hundred ($500) dollars, at the discretion of the court, and in default of the payment of said fine and costs, he shall be imprisoned for not less than thirty (30) nor more than sixty (60) days.

[Only Applicable to Certain Contracts.]

SEC. 4. That all laws or parts of laws, in conflict herewith, are hereby repealed; provided, that none of the penalties prescribed by this act, shall apply to any contract of labor which may be for a longer period than one year.

Act 138, 1890, p. 178, though not repealed in terms, is superseded by this act, which differs from the Act of 1890, in adding "of labor" after "contract" in the first section, and changing the penalties imposed by Secs. 1 and 2.

State vs. Goff, 106 La. 270; Kline vs. Eubanks, 109 La. 241.

R. S. 2154-Act 79, 1900

COMMISSIONER OF LABOR STATISTICS.

Act 79, 1900, p. 129.

AN ACT to create a Bureau of Labor Statistics for the State of Louisiana.

[Creation of Position.]

SECTION 1. Be it enacted by the General Assembly of the State of Louisiana, That the Governor shall, by and with the advice and consent of the Senate, appoint some suitable person who shall be designated "Commissioner of Statistics of Labor," with headquarters in the Capital at Baton Rouge, and who shall hold his office for the term of four (4) years.

[Duties.] Be it further enacted, etc., That the duties of such Commissioner shall be to collect, assist, systematize and present in annual reports to the Governor and to be by him biennially transmitted to the Legislature within ten days after the convening thereof every two years statistical details relating to all departments of labor in the State; especially in relation to the commercial, industrial, social and sanitary condition of working men and to the productive industries of the State.

[Authority.]

SEC. 3. Be it further enacted, etc., Said Commissioner shall also have power to send for persons and papers, to examine witnesses under oath, to take depositions, to cause them to be taken by others by law authorized to take depositions: and said Commissioner may depute any uninterested person to serve subpoenas upon witnesses who shall be summoned in the same manner, and paid the same fees as allowed by District Courts, but for this purpose persons are not required to leave the parish in which they reside nor to answer questions respecting their private affairs.

[Salary-Clerk etc.]

SEC. 4. Be it further enacted, etc., The Commissioner shall receive a salary of fifteen hundred dollars ($1,500.00) per annum, shall employ a clerk at a salary of one thousand dollars ($1,000.00) per annum, and shall be allowed one thousand dollars ($1,000.00) for all' necessary expenses attendant upon the proper exercise of the duties of his office, all of which amounts shall be payable monthly out of a general fund upon the warrant of the said Commissioner.

[Repealing Clause.]

SEC. 5. Be it further enacted, ete., That all laws or parts of laws in conflict herewith are repealed.

R. S. 2155

1

LANDLORD AND TENANT.

[Ejectment Proceedings.]

2155. When any person, having leased any house, store or other building, or landed estate, for a term of one or more years, or by the month, or otherwise, either verbally or otherwise, shall be desirous, upon the termination of the lease, either by limitation or non-payment of the rent when due, or any other breach of the said lease, he shall demand and require in writing his tenant to remove from and leave the same, on allowing him ten days from the day such notice is delivered; and if the tenant shall refuse to comply therewith after expiration of such delay and to remove therefrom, it shall be lawful for such lessor to cause the tenant to be cited summarily by a rule to show cause, within two days after service of such rule, to appear before any court, having competent jurisdiction, in order to be there condemned to deliver him the possession of the leased premises. On the day and hour that said rule is made returnable, the justice or judge shall immediately try the rule, and hear the defense to same, if any is made, and if no appearance is made by said tenant, either in person or through counsel, the said justice or judge shall give judgment against said tenant, ordering him to deliver to the lessor the possession of the leased premises. If the tenant does not comply with the judgment within twenty-four hours after the rendition of said judgment, it shall be the duty of the justice or judge who rendered the judgment to issue forthwith his warrant, directed to the constable, marshal or sheriff 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 windows and doors of the house, store, or other building, or gates of the landed estate, so leased, locked up, it shall be lawful for him, on a warrant issued to that effect by the justice or judge of the city court, to break open the doors, windows or gates, in the premises, in the presence of two witnesses, in order to put the lessor in full possession of the leased premises. (As amended by Act 52, 1900, p. 84.)

R. S. 2156-2158

[Jurisdiction of Court.]

2156. Whenever the monthly or yearly rent paid by the 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 (Act 284, 1855, 344).

The trial is summary, and the defendant must comply with the rule of court and file all his pleas with his answer. Godchaux vs. Bauman, 44 An. 256.

Where a jurisdictional amount is not set out in the petition, it may be shown by the introduction of the lease. Id. After ten days' notice to vacate has been given the lessee, suit to eject may be brought. The defendant must answer within three days from service of citation, and the trial may be had after three days' notice. Ricou vs. Hart, 47 An. 1370; Ward vs. Stakelum, 47 An. 1546.

The Civil District Court has jurisdiction "where the monthly or yearly rental exceeds one hundred dollars." Ward vs. Stakelum, 47 An. 1547. See State ex rel. McMahon vs. Judge, 52 An. 1039.

The summary proceedings to eject tenants cannot be changed into ordinary proceedings by the averments of the answer or the interventions of third parties. Mighell vs. Kelley, 51 An. 281; Ward vs. Stakelum, 47 An. 1547. And where the tenant files his suit in the Civil District Court to enjoin the landlord from ejecting him, the landlord may reconvene and the action assumes the summary character of ejectment proceedings. State ex rel. McMahon vs. Judge, 52 An. 1039.

Act 70, 1884, printed at p. 920, repeals Secs. 2156, 2163, so far as they apply to the Supreme Court. See Godchaux vs. Bauman, 44 An. 254.

[Appeal-When Allowed.]

2157. No appeal from any such judgment shall suspend execution unless the defendant has filed a special defense, 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.

State ex rel. Lamouraire vs. Judge, 45 An. 1316; Mengelle & Co. vs. Abadie, 45 An. 676.

The amount of the bond for a suspensive appeal by the tenant in ejectment proceedings is governed by R. S. 2157 and not by C. P. 577. State ex rel. Werlein vs. Ellis, Judge, 110 La

[Sub-Lessee.]

2158. It shall be lawful for any lessor to make use of the provisions of the foregoing sections against any underlessee or tenant whom he may find in possession of the premises by him so leased.

[Remedies Provided Not Exclusive.]

R. S. 2159-2167

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

2160. Exemptions from privilege of landlord. See R. C. C., Art. 2705.

2161, 2162. Lessee's right to bond and appraisement of property. See C. P., Art. 287.

[Ejectment Suits-Preference.]

2163. All suits for the expulsion of tenants, brought in pursuance to the provisions of this act shall at all times be tried by preference in the Supreme Court of this State, any law or laws to the contrary notwithstanding (Act 39, 1866, 68).

See note to Sec. 2156, and all acts printed under Sec. 1915.

[Leases, How Made.]

2164. Leases may be made either by written or verbal contract.

2165. Writ of provisional seizure may issue before rent is due. See C. P., Art. 287.

[Repeal of Certain Laws.]

LAWS.

2166. All the civil laws which were in force before the 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 (Act, 1828, Sec. 25, p. 60).

Sec. 3990.

[Repeal of Rules of Procedure.]

2167. All the rules of proceeding which existed in this State before the promulgation of the Code of Practice, except those