1843-45. Additional exemptions. rights of personal servitudes, of use and habitation, of usufruct to the estate of a minor child, or the income of dotal property. SEC. 1696. Article six hundred and forty-five of the Code of Practice shall be so amended that, in addition to the articles therein exempted from seizure in certain cases, shall be included the corn, fodder, hay, provisions, and other supplies necessary for carrying on the plantation to which they are attached for the current year. 1869-37. Common car rules and regu lations. SEC. 1697. All persons engaged within this State in the business of common carriers of passengers shall have the right to refuse to admit any person to their railroad cars, street cars, steamboats or riers may make other water crafts, stage coaches, omnibusses or other vehicles, or to expel any person therefrom after admission, when such person shall, on demand, refuse or neglect to pay the customary fare, or when such person shall be of infainous character, or shall be guilty, after admission to the conveyance of the carrier, of gross, vulgar or disorderly conduct, or who shall commit any act tending to injure the business of the carrier, after the rules and regulations prescribed for the management of his business shall have been made known; Provided, Said rules and regulations make no discrimination on account of race or color; and they shall have the right to refuse any person admission to such conveyance when there is not room or suitable accommodations; and, except in cases above enumerated, all persons engaged in the business of common carriers of passengers are forbidden to refuse admission to their conveyance, or to expel therefrom any person whomsoever. Not to discriminate on account of race or color. Under certain restrictions no person to be reto places of pub fused admission lic resort. SEC. 1698. Except in the cases enumerated in the preceding section, no person shall be refused admission to or entertainment at any public inn, hotel or place of public resort within the State. SEC. 1699. All licenses hereafter granted by this State, and by L'censes to pro- all parishes and municipalities therein, to persons engaged in business vide for no dis- or keeping places of public resort, shall contain the express condition account of race that the place of business or public resort shall be open to the accommodation and patronage of all persons, without distinction or crimination on or color. charter and discrimination on account of race or color, and any person who shall violate the condition of such license shall, on conviction thereof, be Persons violatpunished by forfeiture of his license, and his place of business or of tng forfeit public resort shall be closed, and he, moreover, shall be liable, at the liable to action. suit of the person aggrieved, to such damages as he shall sustain thereby, before any court of competent jurisdiction. SEC. 1700. For a violation of any of the provisions of the 1697 and 1698 sections of this act, the party injured shall have a right of Party injured action to recover any damage, exemplary as well as actual, which he may sustain, before any court of competent jurisdiction. may recover. lords and inn SEC. 1701. Hereafter each and every landlord or keeper of a public inn or hotel in this State, shall be required to provide an iron 1860-7. chest or other safe deposit for valuable articles belonging to his Duties of landguests or customers, and each landlord or hotel keeper shall keep keepers. posted upon his doors and other public places in his house of entertainment, written or printed notices to his guests and customers, that they must leave their valuables with the landlord, his agent or clerk, for safe keeping, that he may make safe deposits of the same in the place provided for that purpose. goods not de SEC. 1702. Such landlord, hotel or inn keeper as shall comply with the requirements of the preceding section shall not be liable for Not liable for any money, jewelry, watches, plate, or other things made of gold or posted in their silver, or of rare and precious stones, or for other valuable articles keeping. of such description as may be contained in small compass, which shall be abstracted or lost from any such public inn or hotel, if the same shall not be left with the landlord, his clerk or agent for deposit, unless such loss shall occur through the fraud or neglect of the landlord, or some clerk or servant employed by him in such inn or hotel; Provided, however, That the provisions of this section shall not apply Proviso. to a wearing watch, or such other articles of jewelry as are ordinarily worn upon or about the person. houses, hotels, SEC. 1703. From the proprietor of each boarding house, lodging house, hotel, inn or tavern, a license shall be collected, graduated 1869-146. pro rata to the number of boarders or lodgers that they are prepared Boarding to accommodate, at the rate of fifty cents per annum for each lodger; etc. Provided, That no keeper of a boarding house, lodging house, hotel, inn or tavern, shall pay less than twenty dollars per annum; Provided, further, That no keeper of a boarding house, entertaining three or less boarders or lodgers, shall be subject to pay any license. The proprietor of each boarding house, lodging house, hotel, inn or tavern, shall deliver, at the beginning of each year, to the collector or assessor of his or her parish or district, a statement of the number of guests he or she is prepared to accommodate, said statement to be made under oath before a justice of the peace, and to be recorded by the collector in the office of the Auditor of State. SEC. 1704. Whoever shall be guilty of keeping any disorderly inn, tavern, ale house, tippling house, gaming house or brothel, shall 1855-130. suffer fine or imprisonment, or both, at the discretion of the court, Disorderly and the offender may likewise be adjudged to forfeit his license to keep a house of public resort or entertainment. houses. boring desert SEC. 1705. If the keeper of any tavern, lodging or boarding Keepers of tav. house, shall knowingly receive, harbor, lodge or conceal any deserter erns, etc., harfrom any merchant vessel, he shall, on conviction, pay a fine of one ers from merhundred dollars, or be imprisoned not exceeding thirty days. chant vessels. Proviso.... If the wife be a minor, the assent ..1710 Property acquired by non resident heirs. 1715 ......1715 Widows and unmarried women au ...... thorized to bind themselves.....1716 Manner in which married women may renounce in favor of third persons .....1717 Power of married women to appoint agents in certain cases....1718 Suits for separation may be brought when the husband is domiciliated abroad in certain cases.....1719 An attorney to be appointed to represent the husband ..1719 .1713 Bigamy .1720 1855-308. A special mortgage in lieu of the general one, may be agreed on in the marriage contract. gage may be given during marriage. SEC. 1706. When, by a marriage contract, the parties, being of age, shall agree that the legal mortgage of the wife shall exist only on one or more immovables belonging to the husband, the immovables and other property not included therein shall remain free and released from the legal mortgage of the wife. It shall not be lawful to stipulate that no mortgage whatever shall exist in favor of the wife for the dotal rights. SEC. 1707. During the marriage, the husband may, with the conA special mort. sent of his wife, if she be of age, be authorized by the judge, with the advice of five of the nearest relations of said wife, or friends for want of relations, to mortgage, specially for the preservation of his wife's rights, the immovables which he shall designate; and then the surplus of his property shall be free from any legal mortgage in favor of his wife. If the wife be a minor, the as sent of family SEC. 1708. If the wife be a minor, the judge may still grant the authorization mentioned in the preceding section, provided it be meeting neces- with the assent of a family meeting, composed as aforesaid, and a curator ad hoc appointed to the wife. sary. 1832-200-1. Property ac quired by non. SEC. 1709. All property hereafter acquired in this State by nonresident resident married persons, whether the title thereto be in the name married persons of either husband or wife, or in their joint names, shall be subject community of to the same provisions of law which now regulate the community of acquets and gains between citizens of this State. to belong to the acquets and gains. The suviving SEC. 1710. In all cases hereafter, when either husband or wife 1844-99-1. shall die, leaving no ascendants or descendants, and without hustand or having disposed by last will and testament of his or her share in the wile to have the community property, such share shall be held by the survivor in community in usufruct during his or her natural life. usu ruct or the certain cases. child. en com SEC. 1711. In all cases when the predeceased husband or wife shall have left issue of the marriage with the survivor, and shall When there are not have disposed by last will and testament, of his or her munity propershare in the community property, the survivor shall hold in ty how disposed usufruct, during his or her natural life, so much of the share of the deceased in said community property as may be inherited by such issue; Provided, however, That such usufruct shall cease whenever the survivor shall enter into a second marriage. 1868-269. SEC. 1712. Article twenty-two hundred and sixty of the Civil Code of the State of Louisiana, be amended and re-enacted so as to What constiread as follows: The competent witness of any covenant or fact, tutes a compewhatever it may be, in civil matters is a person of proper under- tent witness. standing. husband and The husband can not be a witness for or against his wife nor the wife for or against her husband; but, in any case where the husband Testimony of and wife may be joined as plaintiffs or defendants and have a wife. separate interest, they shall be competent witnesses for or against their separate interest therein. may in certa.n SEC. 1713. All married women in this State, over the age of 1855-254. twenty-one years, may, by and with the authorization of their Married women husbands, borrow money or contract debts for their separate benefit cases contract and advantage, and to secure the same, grant mortgages or other debts and graut securities affecting their separate estate, paraphernal or dotal, provided it is done in the form and for the objects presented in the following sections of this act. mortgages. Proviso. be made by the jude. SEC. 1714. In carrying out the power to borrow money or contract debts, the wife, in order to bind herself or her separate or Examination to dotal property, must be examined at chambers by the judge of the district or parish in which she resides, separate and apart from her husband, touching the objects for which the money is to be borrowed or debt contracted, and if he shall ascertain either the one or the other are for her husband's debt, or for his separate benefit or advantage, or for the benefit of his separate estate, or of the community, the said judge shall not give his sanction authorizing the wife to perform the acts or incur the liabilities set forth in the preceding section of this act. granted in cer present d to SEC. 1715. In case the wife shall satisfy the judge aforesaid that the money about to be borrowed or debt contracted is solely for her Certificate to be separate advantage, or for the benefit of her separate or dotal tain cases by the property, then the judge shall furnish her with a certificate setting judge, to be forth his having made such examination of the wife as is required notary. by the foregoing section of this act, which certificate, on presentation to a notary, shall be his authority for drawing an act of mortgage, or other act which may be required for the security of the debt contracted, and shall be annexed to the act, which act, when Act to be full executed as herein provided for, shall furnish full proof against her proof against and her heirs, and be as binding in law and equity in all courts of her and heirs. this State and have the same effect as if made by a femme sole. Widows an un authorized to SEC. 1716. It shall be lawful for the widows and unmarried married women women of age to bind themselves as sureties or indorsers for other bind themselves Manner in women may re persons, in the same manner and with the same validity as men who are of full age. SEC. 1717. Married women above the age of twenty-one years which morried shall have the right, with the consent of their husbands, by act nounce in favor passed before a notary public, to renounce in favor of third perof third persons sons their matrimonial, dotal, paraphernal and other rights; Provided, That the notary public, before receiving the signature of any married woman, shall detail in the act and explain verbally to said married woman out of the presence of her husband, the nature of her rights and of the contract she agrees to. appoint agents SEC. 1718. It shall be lawful for any married woman having a Power of mar. mortgage or privilege on the property of her husband, to appoint ried women to one or more agents, with power in her behalf during her temporary in certain cases. or permanent absence from the State, to intervene in any contract of mortgage or sale made by her husband, and sign in her behalf such renunciation of said mortgage or privilege as the wife herself might do, if personally present, and the said power may be either general or special, and may be executed in the United States before any judge or justice of the peace, or notary, or commissioners of this State, and in foreign countries, before any consul, vice consul, or consular or commercial agent of the United States. 1855-9. SEC. 1719. Whenever a marriage shall have been contracted in this State, and the husband, after such marriage, shall remove or Suits for separa- shall have removed to a foreign country with his said wife, if said tion may be brought when the husband is domiciliated tain cases. husband shall behave or shall have behaved towards his wife in said foreign country in such a manner as would entitle her, under our abroad, in cer- laws, to demand a separation of bed and board, or a separation of property, it shall be lawful for her, on returning to the domicile where the marriage was contracted, to institute a suit there against her said husband for the purposes above mentioned, in the same manner as if they were still domiciliated in said place, any law to the contrary notwithstanding. In such cases an attorney shall be An attorney to appointed by the court to represent the absent defendant; the plaintiff shall be entitled to all the remedies and conservatory measures granted by law to married women, and the judgment shall have force and effect in the same manner as if the parties had never left the State. be appointed to represent the husband. Bigamy. SEC. 1720. If any married person shall marry, the former husband or wife being alive, the one so offending shall, on conviction, pay a fine not exceeding five hundred dollars, and be imprisoned not exceeding two years. The provisions of this section shall not extend to any person whose husband or wife shall absent him or herself from the other, for the space of five years, the one not knowing the other to be living within that time, nor to any person who shall be at the time of such marriage divorced by competent authority, nor to any person whose former marriage by sentence of competent authority shall have been declared void. |