has not made a selection of jurors who are to serve in such other section, State vs. Alphonse, 34 A. 13.

The requirement that the jurors shall be drawn 12 days before the expiration of the monthly session does not prevent the judge from ordering the drawing of additional jurors when, in his opinion, necessary, State vs. Alphonse, 34 A. 9.

Talesmen.

3953. [Sec. 1, Act 138, 1877, E. S., p. 209.] Whenever on the trial of any criminal case in the Parish of Orleans where the accused is charged with a felonious crime the regular panel for the term has been exhausted and the jury in the case on trial is not complete, or when, in the opinion of the judge, in the case fixed for trial talesmen are or will be required to complete the jury, the judge shall enter an order on the minutes directing the criminal sheriff, or one of his deputies, to draw such number of tales jurors as in the opinion of the court may be necessary to complete the jury from the jury wheel containing the jurymen drawn by the Jury Commissioners, and hereafter no tales jurymen shall be drawn from the bystanders in cases where the accused is charged with a felony.

3954. [Sec. 2.] It shall be the duty of the criminal sheriff of the Parish of Orleans at once, after such drawing, to summon said jurymen to attend at such times as the court shall have designated in said order.

Grand Jury.

3955. [Sec. 3, Act 98, 1880, p. 125.] The grand jury for the parish of Orleans shall consist of sixteen persons, twelve of whom shall constitute a quorum. It shall serve for three months, unless sooner discharged by the court. Each judge of the Criminal District Court shall, alternately, have entire control of the grand jury for the parish of Orleans, both as to its selection and instruction. In case of inability to act, from sickness or other cause, on the part of the judge to whose turn the care of the grand jury may devolve, the other judge of the Criminal District Court shall assume charge. The judge whose commission is for the longer term shall have the selection and direction of the first grand jury organized under this act.

The Constitution has reduced the grand jury to twelve; and the term of service is six months (Art. 117).

Drawings, by Whom and in What Place.

3956. [Sec. 4.] [Sec. 4.] Drawings of juries for the Civil District Courts of the parish of Orleans shall be made by the board of

jury commissioners and the civil sheriff of the parish of Orleans, in the presence of the criminal sheriff of the parish of Orleans, who shall at all times have the custody of the wheel or box. The jury wheel or box shall be emptied of its contents and refilled with other names, whenever so ordered by either of the judges of the Criminal District Court.

Empaneling Petit Jury.

3957. [Sec. 5.] Whenever a petit jury for the Criminal District Court has been drawn, as above provided, and before the trial of every cause, it shall be the duty of the criminal sheriff to place in a box the names of the persons composing the said petit jury, and to draw therefrom, in open court, by lot; and the order in which the names shall be thus drawn shall be that in which they shall be presented for empanelment; provided, in case the said panel should be exhausted, the names of the tales jurors, drawn in conformity with existing laws, shall be placed by said criminal sheriff in said box, and shall by him be drawn in open court, by lot, and that said tales jurors shall be presented for empanelment in the same manner as herein provided for the regular panel of petit jurors.

No Fees in Criminal or Coroner Cases.

3958. [Act 69, 1874, p. 117.] No fee shall be paid to grand or petit jurors in any criminal court in the parish of Orleans, nor to any juror on any inquest before a coroner in said parish.

Fees in Civil Cases.

3959. [R. S. 2152.]

Those serving in the other courts, sitting in the city of New Orleans, shall be entitled to a compensation of one dollar each for every case in which they find a verdict, to be charged 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.

LABOR LAWS.

EMPLOYER'S LIABILITY ACT.

Employees of Public Corporations.

3960. [Sec. 1, Act 20, 1914, p. 44.] This Act shall apply

only to the following:

1. Every person in the service of the State, or of any parish, township, incorporated village or city, or other political subdivision, or incorporated public board or commission in this State authorized by law to hold property and to sue and be sued, under any appointment or contract of hire, express or implied, oral or written, except an official of the State, or of the parish, township, incorporated village or city, or other political subdivision, or incorporated public board of commission in this State authorized by law to hold property and to sue and be sued; and for such employee and employer the payment of compensation, according to and under the terms, conditions and provisions hereinafter set out in this Act, shall be exclusive, compulsory and obligatory; provided, that one employed by a contractor who has contracted with the State, parish, township, incorporated village or city, or other political subdivision or incorporated public board or commission in the State, through its proper representative, shall not be considered an employee of the State, parish, township, incorporated village or city, or other political subdivision, or incorporated public board or commission.

Hazardous Occupations.

2. Every person performing services arising out of and incidental to his employment in the course of his employer's trade, business or occupation in the following hazardous trades, businesses and occupations:

(a) The operation, construction, repair, removal, maintenance and demolition of railways and railroads, vessels, boats, and other water crafts, terminal docks, street railways, factories, mills, including rice mills, cotton oil mills, saw mills, shingle mills, planing mills and syrup mills, power laundries, power bakeries, foundries, forges, smelters, blast furnaces, machine shops, coke burning plants, lime burning plants, bleaching works, dyeing works, potteries, phosphate and sulphur works, rendering works, slaughter houses, meat packing plants, ice plants, warehouses, marble or stone cutting or polishing plants, ship building and ship repairing plants and yards, mines, mining plants, quarries, oil, gas, sulphur, salt or other wells, heating plants, lighting plants, power plants, water works, pumping works, coal yards, lumber yards, building material yards, derricks, bridges, junk yards, malt houses, breweries, freight or passenger elevators, stock yards, harvesting machinery, threshing machine, cotton gins, cot

ton compresses, sugar houses, sugar and other refineries, sash and door factories, wood-working establishments, printing and photo-engraving establishments, book binding and general press work, skidders, engineering works. Rigging or coaling of vessels, or loading or unloading the cargoes of vessels, logging and lumbering, storing ice, paving with asphalt or other molten material, excavating or grading with power machinery, or with the use of an explosive, working in compressed air, dredging, pile driving, boring, moving safes, chimney sweeping. The construction, installation, operation, alteration, removal or repair of wires, cables, switchboards or apparatus charged with electrical current. Work in any of the building or metal trades in the erection, construction, extension, decoration, alteration, repair or demolition of any building or structural appurtenances. Any occupation entailing the manufacture, transportation, care of, use of, or regular proximity to dangerous quantities of gunpowder, dynamite. nitro-glycerine and other like dangerous explosives. The installation, repair, erection, removal or operation of boilers, furnaces, engines and other forms of machinery.

"Factory."

"Factory" means any premises wherein mechanical power is used in manufacturing, making, altering, adapting, ornamenting, finishing, repairing or renovating any article or articles for the purpose of trade or gain, or of the business carried on therein.

“Mine.”

"Mine" means any opening into and beneath the surface of the earth for the purpose of extracting any mineral or minerals, and all underground workings, slopes, shafts, galleries and tunnels, and other ways, cuts and openings connected therewith, including those in the course of being opened, sunk or driven; and includes also the appurtenant structures at or about the openings of a mine and any adjoining work-place where the material from a mine is stored or prepared for use or shipment.

"Quarry."

"Quarry" means any place not a mine, including a bank or pit, where shell, stone, slate, clay, sand, gravel or other material is dug or otherwise extracted from the earth or ground for the purpose of trade or barter or of the employer's trade or business; and includes also the appurtenant structures at or about the open

ings of a quarry and any adjoining work-place where the material from a quarry is stored or prepared for use or shipment.

"Railways."

"Railways" and "Railroads" also includes work in or about depots, power houses, round houses, cars, locomotives and all other appurtenances, and in private yards, terminals, switches, etc., and work on railroads for express companies.

Hazardous Occupations Not Enumerated.

3. If there be or arise any hazardous trade, business or occupation or work other than these hereinabove enumerated, it shall come under the provisions of this Act. The question of whether or not a trade, business or occupation not named herein is hazardous may be determined by agreement between the employer and employee or by submission at the instance of either employer or employee to the Judges of the Court which shall have jurisdiction over the employer in a civil case. The decision of the court shall not be retroactive in its effect.

Occupations Not Hazardous May Come Under Act.

4. Any employer and any employee in a trade, business or occupation not specified in paragraph 2 of this section, and any one engaged in a trade, business or occupation that may not be determined to be hazardous under the operation of paragraph 3 of this section, may, prior to the accident, voluntarily contract in writing to come under the benefit and protection of the provisions of this Act with the same force and effect as though they had been specifically included instead of omitted.

Who Come Under Act.

3961. [Sec. 2.] If a workman employed as hereinabove set forth in paragraph 1 of Section 1 (except a workman who shall be eliminated from the benefit of this Act for the causes and reasons set forth in Section 28 of this Act) receives personal injury by accident arising out of and in the course of such employment, his employer shall pay compensation in the amounts and to the person or persons hereinafter specified.

Act Shall Not Apply When.

3962. [Sec. 3.] 1. This act, except Sections 4 and 5, relating to defenses, shall not apply to any employer or employee en