The south-western. [volume] (Shreveport, La.) 1852-1870, 1855-06-13

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Az AcT relative TO landlords and tenants
SEC. I. Be it enacted by the senate and hous
Of representatives of the State of Louisiana il
general assembly convened, That when all,
person having leased any house, store or an
landed estate for tie term Of one or more years
or by the month or otherwise. either verbally
or in writing shall be DESTROYS upon the terri
nation Of the lease, either BY limitation or any
breach thereof to have again and repossess hi
estate so leased, he shall demand and require
/ in writing, bis tenant TO remove from and leave
! the same, on allowing him the time which i:
| granted by law for such removal, and if the te
nant shall refuse to comply Herewith, after TIKI
expiration Of the delay, and to remove there
I from, it shall be lawful for such lessor to cause
| the tenant to be cited before any Justice of the
peace, having competent Jurisdiction, in order
to be there condemned to deliver him the pos.
session of the leased premises
IF the justice is satisfied on such demand, BY
due proof that the lease has expired By lnita-
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 cannot comply with the iudg-
ment 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 cut
Of such goods and chattles of the tenant as are
allowed by law to be seized, and in case the con-
stable should find the doors and windows of
the house, store, or other landed estate so leased
locked up, it shall be lawful for him. q a war
rant 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 the
free possession of the leased premises as afore-
said
SEC. 2. Be it further enacted, &C., That
whenever the monthly 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 pre-
ceding section for the possession Of leased pro-
perty shall be instituted and carried on before
any 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. 3. Be it further enacted, &c, That no |
appeal from any such Judgment shall suspend
execution unless the defendant has filed a spe-
,ial defence, supported by his oath, that all the
acts contained in his answer are true, and en-
title him to retain possession of the premises,
md unless further, he give bond with good and
ufficlent security, for all such damages as the
appellee may sustain Il
Sec, 4, Be it further enacted, &C., That It
hall be lawful for any lessor to make use Of
he provisions of the foregoing sections against
ny under lessee or tenant whom he may find /
4 possession of the premises by him so leased.
SEC. 5. Be it further enacted, DC, That ,
othing herein contained shall be so construed
S TO deprive any landlord or lessor of any
cmedy heretofore allowed him, either for the
ayment of the rent to him due, or for seizure :
such part of the furniture found on the prerni-
es so leased as is allowed BY law II
Sec. g. Be it further enacted, &c, That the
essee shall be entitled to retain, out of the :
roperty subjected by law to the lessons priri-
ege, his clothes and linen, and to those of bis
life and family, bis bed, bedding and bedstead ,
nd those of his wife and family. his arms, 1
Military accoutrements, and the tools and in t
necessary for the exercise of the
ade or profession by which he gains his living y
nd that of his family. 4
Sec. 7. Be it further enacted &c, That all
VS. contrary to the provisions of this act, and Il
i laws upon the same subject matter, except y
hat is contained in the civil code and the code y
practice, be repealed
Approved March Is, 1855. Il
nr